beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. On June 201, 201, the Defendant, who purchased the apartment of this case by mistake of facts, leased the above apartment to the lessee F before receiving a loan from the Saemaul Bank of the Incheon Seo-gu, Incheon. However, the Defendant agreed in advance with F to ensure the effective order of priority of the right to collateral security established in the name of the victim by moving his resident registration to another place at a different time with F and thus, the Defendant said that the Defendant did not have the lessee on the apartment of this case. It did not intentionally induce the victim to acquire the loan of this case by deceiving the victim.
B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unreasonable.
2. Determination
A. The following circumstances revealed by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts: (i) the witness G of the court below, who is an employee in charge of the victim’s loan, stated that “the defendant did not have any lease to the apartment of this case, which is a collateral object at the time; (ii) the defendant himself acknowledges such facts; and (iii) the victim, a financial institution, is deemed important to secure the right to preferential payment to the apartment of this case, which is a collateral object, inasmuch as the defendant falsely notified the fact during the verification process and borrowed money from the victim, it is not different even if the F, as alleged by the defendant, violated the agreement with the defendant (or there is no evidence to deem that the defendant agreed to transfer the victim’s resident registration to another place in order to secure the victim’s preferential payment right); and (iii) the victim’s employee did not properly investigate the existence or absence of the lessee, such as perusal of the household.
another person in the vicinity of the apartment of this case.