사기미수등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. (1) In regard to attempted fraud by December 24, 2012, the Defendant filed a lawsuit against the victim for a refund of KRW 50,000,00 from the victim of the purchase price for D, E, and F, and KRW 18,335,750, and the loan of KRW 18,35,750 due to a legal site, and the Defendant filed a lawsuit for a full loan of the said money. Therefore, the lower court erred by misapprehending the legal principles on this part.
(2) On January 30, 201, the Defendant: (a) concluded a sales contract on the site and commercial building located in Jung-gu, Busan, and paid KRW 60,00,000 as the down payment on May 20, 201; and (b) rendered a guilty verdict of the lower court on this part of the charges.
B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly admitted and examined by the lower court and the lower court on December 24, 2012, 201, the Defendant purchased G land located in the victim’s possession from the damaged land on May 5, 201 and the same year from that time.
9. Until December 21, 200, remitted total of KRW 62,950,000 in several occasions, and completed the registration of ownership transfer in the name of the Defendant on the 15th of the same month, and the Defendant, upon the victim’s request on August 5, 2011, remitted USD 5,000 to the victim living in the United States and received money corresponding thereto from the victim around that time. Nevertheless, the Defendant asserted that the above remittance remains in its account on December 24, 2012, the sum total of USD 68,385,750 in the sum total of USD 5,750 in the above amount and USD 5,38,750 in the above amount of USD 5,385,750 in the above account was leased to the victim at 20% of interest.