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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts: The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), had the intent and ability to implement the special agreement with the injured party El Electronic Co., Ltd. (hereinafter referred to as the "victim El Electronic Co., Ltd."; hereinafter in the case of a stock company, the indication of the "stock company") and made best efforts to implement the senior mortgage obligation with respect to the E Apartment 102, 606, Yeongdeungpo-gu, Seoul Metropolitan Government (hereinafter referred to as the "instant real estate").
Nevertheless, the judgment of the court below which found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant on the ground that the defendant deceivings the victim ELB.
B. The lower court’s sentence of unfair sentencing (two years of imprisonment) against the Defendant is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On June 21, 2013, the Defendant: (a) concluded a lease agreement on the instant real estate owned by the Defendant at the D Licensed Real Estate Agent Office located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “D Licensed Real Estate Agent Office”); (b) concluded a lease agreement on the instant real estate held by the Defendant and the person in charge of the affairs of the establishment of new epics, which was delegated with the authority to conclude a lease agreement by the victim ELE; (c) on June 21, 2013, the Defendant refused to conclude a lease agreement on the instant real estate, with a set sum of KRW 1.134.6 million (hereinafter “instant lease agreement”); and (d) the person in charge of the instant real estate already refused to conclude the lease agreement on the said real estate, stating that “A lease agreement shall be registered with a reduced amount of KRW 142,00,000,0000,000 for debt and shall be immediately cancelled.”
However, in fact, the defendant loans to the New Savings Bank without any specific property at the time.