beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding the fact, did not mean that the victim would make an investment in the farm, and did not possess a building equivalent to KRW 900 million, while deceiving the victim as much as the obligation to return the deposit money was excessive to KRW 50 million.
It is difficult to see it.
B. The sentence of the lower court’s improper sentencing is too unreasonable.
2. Determination
A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the victim consistently stated that the Defendant would make an investment in the clothes import business and the gambling farm up to the court of the lower trial.
In light of the fact that the defendant stated that the victim made an investment in the clothes import business and received two to three months after receiving an investment recommendation from the victim to make an investment in the clothes import business, etc., the defendant may recognize the fact that the victim received an investment payment by stating that he/she would make an investment in the clothes import business and the Dora farm and received an investment payment.
In addition, the Defendant continued to suffer losses from the commencement of the clothing import business until the closure of business in 2007 and 2013, and owned the land and its ground buildings (an appraised appraised amount of 903,780,310 won as of October 8, 2010) in the name of the company D operated by the Defendant, and owned the land and its ground buildings (an appraised amount of 903,780,310 won as of October 8, 201). However, each of the above real estate was subject to 3 cases of collateral security (an aggregate of 793,300,000,000), and 50,000 lease on a deposit basis as of March 3, 201, and the Seoul Metropolitan City North-gu Office of Gwangju was seized each of the above real estate on January 11, 201, and the Defendant was unable to pay the amount of each of the above real estate to the victim without any intent to provide the relevant investment deposit or provisional attachment.