사기
The defendant's appeal is dismissed.
1. A summary of the grounds for appeal by the Defendant and his/her defense counsel (unfair sentencing) recognized the Defendant’s mistake and reflects the Defendant’s misjudgment; around March 2016, the Defendant committed suicide while living in prison, and was divorced from her husband on or around June 2016; the lower court determined the circumstances favorable to the cancellation of the registration of the right to lease on a deposit basis and the registration of the establishment of the right to lease on a deposit basis under the name of the Defendant and the registration of the right to lease on a deposit basis; on the other hand, it did not cause any damage to her
Although the victim G cannot be seen, in light of the fact that the above commercial building was leased and received rent, the above commercial building was sold and its damage was recovered, etc., the sentence of the court below that sentenced 1 year and 6 months in imprisonment is too unreasonable.
2. According to the crime of this case, if the defendant set up a lease on a deposit basis with the victim G as KRW 200 million, he will receive a loan as security and pay the above commercial building KRW 200 million to the victim G.
In order to obtain property benefits equivalent to KRW 200 million after deceiving the registration of the establishment of the right to lease on a deposit basis, and the defendant borrowed money from the victim M, R, T or D or acquired financial benefits equivalent to KRW 130 million in total or pecuniary benefits equivalent to the service cost through the process of unreasonable expansion of the management shop, which was operated by the defendant, the crime is not good. The victim G did not compensate the victims up to the trial. The victim G created the right to lease on a commercial building to receive KRW 180 million which was already lent to the defendant for a considerable period of time. The right to lease on a deposit basis on the commercial building was not returned to the defendant for a considerable period of time, and the right to lease on a deposit basis was not returned and the right to lease on a deposit basis was not returned to the defendant, etc. to file a civil lawsuit against the defendant to cancel the registration of the establishment of the right to lease on a deposit basis and the right to lease on a deposit basis.