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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. Fact-finding (limited to the facts charged in the order of 2016, group 5425) the Defendant agreed with the representative AB of the Z immediately before and after the date stated in this part of the facts charged to the Defendant, and accordingly, the victim E had the intent and ability to commission the removal work of the commercial building and the installation work of civil engineering and household facilities.
However, since then, due to the problems of the Z, the project has not been implemented and it could not be entrusted to the victim.
In addition, the amount received from the injured party through D is only KRW 13.5 million, and it is received from the borrowed money, not in the name of the advance payment for the construction project.
The judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous.
B. The punishment of the lower court is too heavy.
2. Determination
A. Even if the testimony of the witness AB at the court below is added to the testimony, the court below is just in finding the defendant guilty of this part of the facts charged under the evidence, and there is an error of law by mistake in the judgment.
shall not be deemed to exist.
This part of the defendant's assertion is without merit.
B. Since the victim E submitted a written application to the effect that the victim E was not punished in the case of unfair sentencing, there is a change in circumstances favorable to the Defendant.
However, considering the reasons for sentencing as stated in the lower court’s reasoning and all other conditions of sentencing as stated in the record, it cannot be deemed unfair because it is too unreasonable for the lower court to avoid reversal of the sentence imposed on the Defendant, even considering the above changed circumstances.
This part of the defendant's assertion is without merit.
3. The defendant's appeal is dismissed.