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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, on behalf of the Defendant, misunderstanding that E will proceed with the acquisition of the instant cartel on behalf of the Defendant
The judgment of the court below which found the defendant guilty of the facts charged of this case, is erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, even though it was only delivered the money received from the victim to E, and the defendant did not defraud the victim by deceiving him.
B. The sentence sentenced by the lower court (4 months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant first met the victim on October 15, 2013 with the introduction of the branch, and the Defendant may take over only KRW 10,000,000,000 for the victim’s first time. The Defendant’s team members prepared documents to exchange with E’s forests and fields. If only the transferee appears, it can be immediately transferred, and the purchase price required in addition to the down payment amount of KRW 10,000,000 can be resolved by means of loans, and the agreement on loans with the bank has already been completed.
The fact that “the victim deposited KRW 5 million into each Defendant’s account on October 21, 2015, and KRW 5 million on October 24, 2015, the Defendant: (a) issued a receipt with his name on the said money; and (b) made the victim requesting an on-site answer; and (c) made the victim requesting an on-the-spot visit directly, and (d) made the victim requesting an on-the-spot visit the telecom (at the time, the Defendant was unable to talk with the her mother, and the victim actively prevented the victim from communicating with the her mother), while the victim could be recognized that the victim did not contact with E or talk with the her mother during the above process, and that she led the Defendant for the first time in the course of pursuing reasons for not having a contract with the her mother, that is, the following circumstances acknowledged by the evidence, namely, the Defendant.