beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In accordance with a sales agency contract entered into with the victim D, the Defendant did not borrow 4 loans owned by the victim and received the sales agency fee of KRW 52 million, which was part of the sales agency fee that was not received, and did not borrow 30 million.
B. The court below's six-month punishment of imprisonment imposed on the defendant is too unreasonable.
2. Determination
A. In full view of the following circumstances recognized by the court below based on the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts, it is recognized that the amount of KRW 30 million in this case was not paid as a sales agency fee, but paid as a loan with the victim's statement, and the defendant's intent to obtain fraud is recognized in light of the circumstances such as denying the loan and not returning it. Thus, this part of the defendant's assertion is without merit.
1) Under the premise that the sum of the commission for the sale of buildings in units to be paid to the Defendant is KRW 150 million, the Defendant alleged that he would be paid KRW 52 million, on the ground that he received KRW 13 million prior to receiving the instant KRW 30 million, and that he received KRW 30 million among which he would receive KRW 30 million. 2) The Defendant included Cdong 101 in the sales household, which serves as the basis for calculating the commission to be paid by the victim.
However, F and the Defendant, who had been running the building project of the C building as stated in the judgment below with the victim, did not say that the fact of sale No. 101 of the Cdong 101 was true to the victim, on October 201, 201, when they were sold to a person who was entrusted by the victim and was in charge of the management of the money by the new Edong 101, and they did not say that they were sold to the victim, which was deposited in the name of sale price No. 101 of the Cdong 10,000 won.