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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the misunderstanding of facts, the Defendant: (a) sold the Seo-gu Incheon L Apartment in the name of the husband of the victim before purchasing the instant E-Ba in the name of the victim; and (b) leased the said apartment with the consent of the victim; and (c) paid the above lease deposit to the victim; (d) the victim was less than re-investment in the Defendant under the name of investment in other real estate; and (e) the victim determined to re-investment the above E-Ba lease deposit amount of KRW 20 million in the above manner with H, the victim was dead, and then the Defendant used the above lease deposit and purchased the above real estate nearby Ma in the auction procedure in the name of the husband of the victim; (b) the Defendant was guilty of the fact that the Defendant did not embezzled the above lease deposit in the name of the husband of the victim; and therefore, (c) the lower court convicted the Defendant otherwise, which affected the conclusion
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.
2. Determination
A. We examine the assertion of mistake of facts, the evidence duly examined and adopted by the court below, and the following circumstances recognized by the court below, namely, ① the defendant was sold the Seo-gu Incheon L apartment in the name of the victim’s husband N before purchasing the instant EB in the name of the victim, and leased the above apartment in the name of the victim’s husband N before the purchase of the instant EB in the name of the victim, and used the above lease deposit with the consent of the victim. However, although the above lease deposit amount of KRW 20 million was used without the consent of the victim, the defendant used the above lease deposit of this case in the name of the victim with the consent of the victim. ② The defendant used the lease deposit of this case in the name of the victim when it was sold adjacent real estate in the Dong-do
used in any other investment with respect to the victim.