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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant used the money received from the Defendant by mistake of facts or misapprehension of the legal principles as appraisal costs according to its purport, there is no fact of deceiving the victim, and even if the fact of deceiving the Defendant was false, the victim remitted the money to B other than the Defendant, so there is no causal relationship between the Defendant’s deception and the disposal of the victim’s disposal
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles.
B. The lower court’s sentence on the Defendant of unreasonable sentencing (fine 3,000,000) is too unreasonable.
2. Determination
A. In full view of the evidence duly adopted and examined in the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles, the judgment of the court below which found the defendant guilty of the facts charged in this case is just, and there is no error of mistake of facts or of misapprehension of legal principles as alleged by the defendant, since the defendant tolds the victim to do so if he did not have the intent or ability to receive appraisal of 10 billion won or more within 5 days, and it is possible to fully recognize the facts charged in the judgment of the court below, such as the defendant's deception and delivery of 10 million won to the defendant through B.
B. In full view of the circumstances that led to the Defendant’s instant crime, the background and method leading up to the instant crime, the motive of the crime, the degree of damage, the victim’s withdrawal of the Defendant’s complaint and the Defendant’s punishment in the lower court, and other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, career, character, conduct and family environment, the lower court’s punishment against the Defendant is too unreasonable.
3. Accordingly, the Defendant’s appeal is subject to conclusion.