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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant was unable to fully refund the purchase price for the instant share from C, the lower court erred by misapprehending the fact and thereby finding the Defendant guilty, even though C did not have the duty to complete the registration of ownership transfer for the said share.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.
2. Determination
A. In the judgment of the court below as to the assertion of mistake of facts, the defendant made the same assertion as the above reasons for appeal, and the court below rejected the above assertion in detail by clarifying the circumstances as stated in the judgment. Examining the above judgment of the court below in comparison with records, the judgment of the court below is just and acceptable (in particular, it is difficult to dismiss the credibility of the victim's statement in court, which the court below was adopted merely because the defendant cited), and there is no illegality of misunderstanding of facts, such as
Therefore, the defendant's above assertion is without merit.
B. Although there are no extenuating circumstances to consider the Defendant’s purchase of shares in the instant land from the victim and the fact that the Defendant appears to have caused the instant crime in the course of returning the said land again to the victim, as seen earlier, even if the instant crime was fully recognized, the Defendant continued to deny and reflect his criminal act up to the trial. Although the amount of property damage caused by the instant crime is not at least KRW 15 million, it is recognized that the Defendant did not agree with the victim until now and that the damage was not recovered. In addition, the Defendant’s age, character, environment, family relationship, relationship with the victim, the details and result of the instant crime, and the circumstances after the instant crime, etc. are revealed in the instant case.