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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant is a lessee or lessee who entered into a lease agreement on the instant officetel with J and lessee, the actual owner of the building 719 (hereinafter “the instant officetel”) in Seongbuk-gu, Sungnam-si, Sungnam-si, as the Defendant: (a) was a lessee or lessee who entered into a lease agreement on the instant officetel with K; (b) there was no false report on rights and a request for distribution by submitting an application therefor, thereby deceiving the court or
B. The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of the facts, the lower court can sufficiently recognize the fact that the Defendant, even though the Defendant did not have concluded a lease agreement with respect to the instant officetel, was deceiving the court as if it had concluded a lease agreement with respect to the instant officetel and paid the deposit money, and harming the progress of auction.
(1) The Defendant did not enter into a lease agreement on the instant officetel at an investigative agency up to the court below’s decision, and prepared and submitted to the court a lease agreement to obtain repayment of KRW 12 million to J, the actual owner of the instant officetel. If the Defendant actually entered into a lease agreement, there is no reason to make such statement as above (if the Defendant alleged that the instant officetel was the actual lessee of the instant officetel, but the specific content of the assertion was written in consultation with J to obtain the claim against J, and eventually, the Defendant did not enter into a lease agreement on the instant officetel and paid a security deposit.) The execution officer after the commencement of the auction on the instant officetel and investigation into the current status of the instant officetel at KRW 20 million.