사기
The defendant's appeal is dismissed.
An application for remedy filed by an applicant for compensation added in the trial of the party shall be dismissed.
1. Summary of grounds for appeal;
A. In light of the fact-finding fact-finding defendant did not receive money from the victim for the investment in the G hotel reconstruction project, as stated in the facts charged in the judgment below, but received money by the victim's request for the purchase price for G hotel loan site or the rebuilding cost for the building reconstruction project located in the Bupyeong-gu Incheon Metropolitan City owned by K, and the reasons for the remittance are different.
B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances acknowledged in accordance with the evidence duly examined and adopted at the court below and the court below's decision on the assertion of mistake of facts: (i) even if the defendant and the defense counsel asserted, the defendant knew that the floor area ratio may be high if he includes the above hotel site in connection with the reconstruction of the G hotel, and thus, the defendant was to purchase the above hotel loan from the above hotel; (ii) the defendant was to remove the above hotel building after acquiring the G hotel from H, the owner of the G hotel, and to build an urban residential house; (iii) the defendant was to delegate all the authority related to the removal and reconstruction of the above hotel after he paid the balance of KRW 70 million to the defendant; and (iv) the defendant was to fully recognize the fact that he received money by deceiving the victim as stated in the crime in the judgment of the court below, in full view of the fact that some of the above balance was not paid.
B. The Defendant’s deposit of KRW 45 million for the victim’s recovery from damage is favorable to the Defendant, or the Defendant committed the instant crime without reflecting the fact that he/she committed the instant crime even though he/she was under suspension of execution, and did not agree with the victim up to the trial.