사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal 1) misunderstanding of facts and misunderstanding of legal principles merely told the victim to be aware of whether the victim can be given a high appraisal price, and there is no promise to have the victim get an appraisal of the amount equivalent to KRW 900 million. Rather, the Defendant made an effort to allow the victim to receive a high appraisal. Nevertheless, the lower court found the Defendant guilty of the facts charged in the instant case. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment) is too unreasonable.
2. The Defendant also asserted the same argument in the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, and the lower court determined that the Defendant deceptioned the victim on the same ground as the statement.
Considering the circumstances cited by the lower court and the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant is fully aware of the fact that the Defendant promised to accept an appraisal of at least KRW 900 million to the victim without the intent and ability to raise the appraisal price.
Therefore, the lower court was justifiable to have convicted of the facts charged of this case.
① The Defendant stated in the prosecutor’s investigation that “The victim would not have an appraisal of at least KRW 900 million,” and stated that “I would like to ask the E and the E working at the headquarters of the Korea Appraisal Board, because it was known.”
(1) The victim consistently responded to the following: (a) the victim was present as a witness in the court below and stated to the effect that he was not satisfying about KRW 900 million or more appraisal; (b) however, the victim respondeded to the following questions of the prosecutor and the defense counsel: (c) “The defendant would raise the amount of KRW 100 million or more than the existing appraisal price.”
(63 pages, 66 pages) In addition, the defendant is expected to make an appraisal of 90 million won or more, and the victim has paid money to himself.