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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, suspension of execution for two years and 120 hours) that the court below sentenced against the defendant is too unreasonable.
2. In the judgment of the court, the defendant appears to have committed the crime of this case, and there is no record of punishment that the defendant had been punished beyond the power or fine imposed for the same kind of crime before, and the crime of this case is not by active deception of the defendant, but by omission. The crime of this case seems to be deceiving by omission, and in the case of an apartment auction with the opposing right of lease, the defendant can refuse to order the successful bidder until the repayment of the deposit money until the repayment of the deposit money is made in favor of the defendant.
However, the crime of this case, although the defendant agreed to set up a lease contract with the victim who is the tenant, "if the defendant establishes the right to collateral security, the maximum debt amount shall be not more than 140,000,000 won" as the special terms, the defendant borrowed 250,000,000 won in aggregate exceeding the amount agreed upon by the financial institution as the collateral of the apartment that is the object of lease from the financial institution, and received 126,00,000 won in the remainder of the deposit deposit from the victim without notifying the victim of such excess loan, and then the defendant was paid 126,00,000 won in the financial institution, which is the security right, as the above excessive loan portion, the crime of this case is not very good in light of the criminal history and the law, and it is deemed that the damage amount is a considerable amount, and the victim's victim has suffered a serious mental distress as well as the economic damage. The court below appears to reflect most favorable circumstances in the judgment.