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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court convicted the Defendant of the instant facts charged in collusion with A, F, etc., even though it was true that the Defendant misunderstanding of the facts and the legal principles that the Defendant mediated the instant sofacing transaction, or did not know that the right to collateral security was established in the victim’s name during the said sofacing season, and did not commit the instant crime. In so doing, the lower court erred by misapprehending the facts
B. The sentencing of the lower court is too unreasonable.
2. Determination
A. The following circumstances, which are acknowledged by the lower court to have been comprehensively taken account of the evidence duly adopted and examined by the lower court regarding the assertion of misunderstanding of facts and legal principles, namely, ① the Defendant stated in the prosecution that he was aware of the establishment of a collateral security right in the victim’s name at the time of mediating the sale and purchase of the excavation machines of this case; ② From the prosecution to the court of the lower court, “A was the Defendant who purchased the excavation machines by phone, and was entrusted with the Defendant at the time of changing the sealing part among the excavation machines parts.”
The part of the scopher part of the scopher part of the scopher part of the scopher part, which was called “to talk with the police,” was left in charge of the scopher part.
The defendant consistently made a statement to the police to the effect that "the high demand was made". In light of this, the defendant is likely to have actively and actively involved in the sale of the soft machine in this case and to have attempted to accept the statements of related persons in preparation for the police investigation. ③ At the time of the sale of the soft machine in this case, the registration of the establishment of the right to collateral security in the victim's name has already been completed, and the above sale of the soft machine is not less than KRW 135 million, but not more than KRW 65,000,000, and only the lease-related contract is prepared, not the sale contract, but the buyer's name is not subject to transfer of ownership.