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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The fact that the defendant borrowed 10 million won from the victim by mistake of facts or misapprehension of legal principles is true, but there was no deception or deception as stated in the facts charged, and there was no intention to commit fraud.
B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. On November 19, 2012, the instant facts charged: (a) the Defendant called the victim B to a place where it is difficult to know the place; and (b) the Defendant stated that “The Defendant shall pay the lecture fee in the form of KRW 10 million if it is necessary to pay the lecture fee; and (c) if it is lent KRW 10 million to the victim, it shall be paid after two to three days.” However, the Defendant was willing to use the funds borrowed from the victim to pay other debts that are not the lecture fee; and (d) the Defendant Company C operated by the Defendant was in a serious situation where it was in operation to the extent that the funds will be repaid at the time of the suspension of the transaction at the market on December 29, 2012, and there was no intention or ability to pay the funds even if it was borrowed from the victim. In full view of the aforementioned circumstances, the Defendant, by deceiving the victim as above, obtained the funds from the victim under the name of KRW 10 million on the same day, and acquired the funds by the Defendant through legitimate examination.
① With respect to the circumstances in which the victim borrowed money from the Defendant, the Defendant consistently stated that, from the investigative agency to the court, the Defendant ought to pay the subscription price for the goods in the course of operating the KCA and, if the Defendant borrowed KRW 10 million to the KCA, the Defendant would pay the subscription price within 2-3 days. (2) The Defendant asserts that the Defendant borrowed money from the victim’s business fund from the victim’s business fund, and the police is at the time.