beta
Text
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment for a period of one and half years.
Reasons
1. The lower court dismissed the application for compensation by the applicant for compensation.
Since the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the part dismissing the application for compensation in the judgment below shall be excluded from the scope of the judgment in this
2. Summary of grounds for appeal;
A. misunderstanding of facts (Attached Crime List No. 5 No. 5) held that, if M pays KRW 400 million to the Defendant, it would allow the Defendant to attract investment of KRW 3 billion. The Defendant believed it and paid KRW 400 million to M by lending money from those who are not the victims, such as the victim C, but M did not cause the Defendant to attract investment at all, unlike the promise.
The victim C also confirmed that M made the above promise to the defendant and lent money to the defendant.
Therefore, as shown in attached Form C No. 5, at the time when the defendant borrowed 62.9 million won from the victim C, the defendant did not have the intention to acquire the victim C, there was no deception by the defendant, and there was no deception by the defendant.
There is no causal relationship between deception and disposal.
Nevertheless, the court below found the Defendant guilty of this part of the facts charged, which erred by mistake of facts.
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
3. Judgment on the assertion of mistake of facts
A. A. Around May 5, 2017, the summary of this part of the facts charged (attached Form No. 5) is that the Defendant would be able to receive an investment of KRW 3 billion from the “F” bank located in the building D in Ulsan-gu D, Ulsan-gu, Defendant’s operation by the Defendant, “F” bank in the case of the victim C, an employee, who is an employee, at this time, created KRW 400 million to M. at this time.
In the event that such money is invested in KRW 3 billion, the full amount of the money that has been borrowed from the other party shall be repaid at one time. There is no money which he/she has.