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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
The summary of the grounds for appeal by the defendant is that the punishment of the court below (one year of imprisonment) is too unreasonable.
In light of the fact that the Defendant stated that “the victim entered into a sales contract for the instant real estate with the victim and received the down payment of KRW 40 million (337 pages of the evidence record),” and that “the Defendant considered the instant KRW 180 million as the intermediate payment before I think that he was deceiving, but thereafter, the Defendant thought that he would have received the money that I would have received.” (Evidence No. 340 pages), it is evident that the amount of KRW 187 million received from the victim F is part of the purchase price of the instant real estate that is irrelevant to the monetary transaction relationship with I.
However, in light of various sentencing conditions shown in the arguments of this case, such as the motive, method, circumstance after the crime of this case, age, character and conduct of the defendant, family relation, etc., the punishment of the judgment of the court below is deemed to be unfair, since the defendant's argument in the judgment of the court below is justified, since it is recognized that the defendant's punishment of this case is unfair, since it is deemed that the defendant's punishment of this case is unfair, since it is recognized that the defendant's punishment of this case is unfair, since it is found that the defendant's behavior was involved in the sale of real estate of this case, the defendant's deposit of KRW 15 million in the trial of this case.
Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.
Criminal facts
The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 355 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 355 (2) of the Election of Imprisonment;