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The defendant's appeal is dismissed.
Reasons
1. Erroring the gist of the grounds for appeal (the person did not commit the act of deception and the person did not have the intention to acquire by deception) and unfair sentencing
2. The judgment of this Court
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, it is deemed that the defendant committed deception such as the statement of the facts constituting the crime at the time of the original judgment, and at least the defendant had the intention to defraud the victim at least.
In New Zealand, as alleged by the Defendant, the unregistered resale can be lawfully made when the buyer paid the deposit, and the foreigner residing overseas may also purchase the house by obtaining the mother-base loan, and even if the victim also considered the method of receiving the cost of the long-term project, such circumstance does not interfere with the recognition as above.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts.
Therefore, the defendant's argument disputing this cannot be accepted.
① Around May 2007, the Defendant was running the business of newly building and selling G canal wells in New Zealand. Around May 2007, the Defendant said that, if the Defendant prepared only KRW 250 million out of the sales price of the G canal wells, he can obtain ownership from the victim, and that, on the condition that monthly salary of KRW 4 million is paid, the Defendant would be able to find the victim as a director of the local affiliate of the Plaintiff’s management company.
② From July 6, 2007, the victim believed this shall pay 10 million won as the price for the sale in lots to New Zealand, and in order to prepare a balance of 240 million won for the purchase of G canal wells, he/she rents an apartment that he/she has resided around August 12, 2007.