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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)
A. The court below erred by misunderstanding the facts and misapprehending the legal principles as follows, thereby adversely affecting the conclusion of the judgment.
1) The Defendant, between T and the victims, mediated T’s exchange contract between T and T (hereinafter “inter-Korean exchange contract”) between T and T (B01, 202, and 203, and T (hereinafter “inter-Korean exchange contract”).
Since then, upon request of T, the defendant explained to P, an agent of the victims, the circumstances that the provisional registration of the above land should be made in W for the loan of T, and the defendant believed that P will deliver such circumstances to the victims.
Therefore, in relation to the establishment of provisional registration in the name of W on each of the above land, the defendant has no intention to commit the crime of deceiving victims and defraudation.
2) The N land for which the victims completed the registration of the transfer of ownership to X at the request of the defendant was received from the victims as the brokerage fee for the bilateral exchange contract.
Therefore, with regard to the fact that the defendant had the victims establish the registration of the transfer of the N land ownership in X name, the defendant has no intention to commit the crime of deception and fraud.
B. The lower court’s sentence (six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles) The following facts are acknowledged based on the evidence duly admitted and examined by the court below.
A) The victim G, the victim H (hereinafter collectively referred to as “victim”) is the owner of the land I, J, K, L, M, and N (hereinafter “O-ri land”) in Ethju City, and there was a kind of friendship around June 2012.
P requested P to identify the source of purchase of O-owned land, and P to act as an intermediary in F real estate brokerage offices, such as a real estate exchange contract.