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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The fact that misunderstanding C sold B an apartment E (hereinafter “the apartment of this case”) at KRW 429 million,00,000,000,000,000,000 won, but upon B’s request, entered into a so-called agreement with the purchase price of KRW 350,000,000,000 (hereinafter “the contract of this case”). At the time of the preparation of the contract of this case, the special terms and conditions were blanks. However, B arbitrarily entered into the terms and conditions of the contract of this case, “B” with the knowledge that “the purchase price was KRW 350,00,000,000 and KRW 259,000,000,000,000 and KRW 20,000,000,000,000,000,000,000,000,00 won and KRW 15,00,000,00.
Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous by misunderstanding the facts, which affected the conclusion of the judgment.
B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged was on April 2, 2012, the Defendant leased KRW 150 million,00,000,000,000,000,000,000 from Ulsan-gu, Ulsan-gu, Seoul-gu, which was owned by his/her father under the name of his/her father to B around April 2, 2012. On October 23, 2013, the Defendant purchased KRW 290,000,000,000,000,000,000,000,000,000,0000,000 won, and completed the registration of ownership transfer to B under a special agreement to substitute the said leased deposit for the purchase price.
Therefore, the Defendant had a duty to return the remainder of the rent deposit that remains in lieu of the purchase price to B, to the Defendant, KRW 90 million.
Nevertheless, the Defendant, at the G law office located in Ulsan-gu, Ulsan-gu, Seoul-do around April 2019, is above B C.