사기미수
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) that the Defendant’s money was used for the purchase of apartment buildings by the victim, and thus, the Defendant only filed a lawsuit claiming a loan against the victim with economic benefits, and there was no intention to defraud the Defendant.
2. The Defendant also asserted to the same effect as the grounds for appeal of this case, and the lower court, taking account of the circumstances in its ruling, found that the Defendant’s assertion in the lawsuit is objectively apparent different from the facts, and that the Defendant knew that his assertion in the lawsuit is clearly false.
On the ground that it is reasonable to see that the facts charged in this case were guilty.
Examining the judgment of the court below and the first instance court in comparison with the evidence duly adopted and examined, the judgment of the court below is just, and there is an error of law by misunderstanding the facts alleged by the defendant and misunderstanding the legal principles.
subsection (b) of this section.
Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition by the court below and the court below's judgment pursuant to Articles 191 (1), 190 (1), and 186 (1) main text of the Criminal Procedure Act on the grounds that the defendant bears litigation costs.