beta
Text
The defendant's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not commit deception against the victims, such as the facts charged.
In other words, the Defendant, upon consultation with the victims, detained KRW 5 billion from the previous state “L” for the purpose of using only balance certificate, and the victims also paid KRW 300 million to the Defendant as compensation for providing the said funds only for balance certificate for three months. The Defendant actually paid KRW 300 million to L.
The victims are merely a false assertion to the effect that the contract for the purchase and sale of the I business site and building was made by their mistake and that the above fees paid as above were returned to the victims by deceiving the victims.
B. The imprisonment with labor for the first instance of unfair sentencing (three years of imprisonment) is too unreasonable.
2. Determination:
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court, it is reasonable to view the victims’ KRW 300 million paid to the Defendant by June 3, 2014 as the commission for the purchase of the I site, etc. as stated in the facts charged, and creating additional PE loans based on the sales contract concluded accordingly, as the commission for the purchase and sale contract concluded by the victims. It cannot be deemed as the consideration for the provision of funds only for proof of balance, as alleged by the Defendant.
Although the Defendant borrowed KRW 5 billion, the pledge was established for the certificate of balance between the former L, thereby making it difficult to pay it as the actual down payment, it was difficult to conclude a sales contract and make an additional loan based thereon, the Defendant’s act of deceiving the victims by deceptioning the fee of KRW 300 million with the intent to conceal it and receive a loan for the preparation of the purchase price.