절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error) was issued by the victim C with a certificate of personal seal impression directly affixed by the victim C, and was paid with a power of attorney affixed by the victim C and the deposit money with a certificate of personal seal impression presented. Thus, the court below did not have committed any crime as stated in the facts charged in this case. The court below found the defendant guilty of all of the facts charged in this case. The
(The appellate court's argument of mistake is not subject to the appellate court's ruling on June 11, 2013, since only a mistake of facts is stated in the statement of reasons for appeal submitted by the defendant within the deadline for submission of the statement of reasons for appeal, and the argument of unreasonable sentencing added to the statement of reasons for appeal submitted after the deadline for submission of the statement of reasons for appeal was not subject to the appellate court's ruling,
A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.
① On January 25, 2011, the Defendant and the victim C agreed to lease the E hotel located in Suwon-si D and Q (hereinafter “instant hotel”) from F with a deposit of KRW 80 million, monthly rent of KRW 46 million, the Defendant paid KRW 70 million on the date of the contract, and the first intermediate payment of KRW 230 million on February 15, 201, and the second intermediate payment of KRW 100 million on March 15, 201, and the remainder of KRW 400 million on the date of business commencement.
(2) The Defendant and the victim agreed to raise the lease deposit of the hotel of this case by KRW 400 million, respectively, and the Defendant paid the instant down payment as seen earlier, as seen earlier, and paid KRW 30 million out of the intermediate payment on February 18, 201, as part of the intermediate payment, thereby bearing KRW 100 million out of the lease deposit.
③ The victim C borrowed KRW 200 million fromO on February 22, 2011 and borrowed the remainder of the first intermediate payment on February 23, 2011.