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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant, at the time of the instant case, was holding the claim amounting to KRW 1.7 billion against E, and he believed that E is repaid immediately, and received money in the name of the lease deposit from the victim as stated in the judgment of the court below, and the defendant did not deceiving the victim and had no intention to commit fraud.
B. The sentence of one-year imprisonment imposed by the court below on the defendant is too unreasonable.
2. Determination
A. 1) Determination of the assertion of mistake of facts that is applicable to the legal doctrine is uncertain, and it can also be established with the intention of defraudation which permits it. In a case where the defendant denies the criminal intent of defraudation, it is inevitable to determine whether the defendant has the criminal intent of defraudation by taking into account the objective circumstances such as the financial history, environment, details of the crime, and the process of transaction execution, etc. of the defendant before and after the crime. 2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant, at least as the victim promised, could not repay the secured debt of the senior mortgage and reduce the maximum debt amount at least 30 million won, and the defendant acquired the lease deposit by deceiving the victim as stated in the judgment of the court below. Thus, this part of the defendant's assertion is without merit.
① The victim was introduced with the introduction of subparagraph 301 of the judgment below (hereinafter “the instant real estate”), which was owned by the Defendant. The lease deposit to be paid by the victim was established with a maximum amount of debt exceeding KRW 240 million, totaling the maximum amount of debt on the instant real estate, which was a cause of KRW 240,000,000 in the market price, under the circumstance of the cause of KRW 240,000,000. The victim condition that the maximum amount of debt should be reduced to KRW 30,000,000.