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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding of facts, borrowed money from the victim for the use of the business fund, and had the intent and ability to pay KRW 100 million in the amount of bonds related to the business at the time.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. On October 13, 2014, the Defendant made a false statement on the part of the public prosecutor’s office’s summary at the construction site of the new bridge in the Newanan-gun located in the Naman-gun located in the Naman-gun, the Defendant made a false statement that “I would sell the sn beamline and make a full payment within one month if I lent KRW 200 million at the sn beam transport expense.” On October 14, 2014, the Defendant made a false statement that “I would lend the sn beamline to the extent that I would have become a letter of punishment.”
However, the defendant thought that he will use the money borrowed from the damaged party to purchase apartment E's apartment and to pay his personal debt, and even if the defendant did not have any operating profit and borrowed money from the damaged party, the defendant did not have any intention or ability to pay the money within one month as agreed.
On October 14, 2014, the defendant deceivings the victim as above, and acquired 40 million won from the victim to the account in the name of the Fund in charge of the settlement of the defendant's operation.
2) The judgment of the court below also asserted the same purport as the grounds for appeal, and the court below held that ① the victim consistently and specifically stated in the investigative agency to the court of the court below to the trial, and ② the defendant also stated in the prosecutor’s office the damaged party at the construction site of the new Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
(3) It recognizes the fact that the sn beamline from the damaged person borrows money as a business fund in relation to the sn beam.