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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant had the power of representation to rent a building by increasing the deposit for lease.
B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of the fact reveals that the defendant was not authorized in advance to increase the deposit of the building 201, 202, and the deposit of the first floor underground in the investigative agency or the court below, which is the owner of the building of this case, under the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① there was no prior permission by the defendant in the investigative agency or the court below for the increase of the deposit of the lease deposit; ② the defendant, despite the reduction of the deposit of the lease deposit, remitted the deposit of the monthly rent to C, D, and E as if it was not reduced that it was the monthly rent of the previous amount; ③ the defendant, under the investigation conducted by the prosecution, was clearly opposed to C, etc. to the increase of the deposit of the lease deposit and the decrease of the monthly rent.
It is reasonable to view it.
B. Although victim I’s damage to the judgment on the illegal argument of sentencing was recovered, the crime of this case where the defendant increased the rent deposit without the power of representation and acquired the increased rent deposit, and the crime of this case is not less severe, but there was a criminal record for which the defendant was sentenced to imprisonment with prison labor and a suspended execution for the same crime, and other conditions of sentencing specified in the argument of this case, including the defendant’s age, sex, environment, etc., it cannot be deemed unfair because the sentence of the court below is too unreasonable.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.