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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles attempted to receive money from the victim and repay it to the victim. However, since it is not possible to repay it to the victim because the scheduled investment was not made thereafter, it cannot be deemed that the defendant deceivings the victim, and it cannot be deemed that the defendant had a criminal intent to obtain money from the victim.
B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence in August) is too unreasonable.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant was deemed to have not been able to repay KRW 100 million from the victim one week after the day, and even if dolusently, he can be deemed to have been aware of such fact. Therefore, the Defendant could be deemed to have deceiving the victim with the criminal intent of deception
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and it cannot be said that there was a mistake of mistake or misapprehension of legal principles as alleged by the defendant.
① Upon receipt of a request from the Defendant and K, the Defendant and K requested the Plaintiff to borrow KRW 100 million in loan to the Plaintiff, and the victim knew that the lack of short-term operating funds was caused by the Defendant’s agent F to verify whether the Defendant was scheduled to receive the investment funds.
Accordingly, the victim, who was aware that the lawyer F, directly delivered to the defendant or immediately received the investment money from the defendant, lent KRW 100,000 to the defendant as of November 15, 2013.
In light of this, the defendant's lending of a large amount of KRW 100 million to the defendant who did not know at all the victim at his/her own discretion can receive investment money after one week.