Defendant

A Imprisonment with prison labor for five years and for four years, respectively.

Defendant

A.

A. Defendant A1) In the appellate brief, the Defendant argued that the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the second trial date, and revoked the grounds for appeal.

The Act on the Aggravated Punishment, etc. of Specific Economic Crimes is "The Specific Economic Crimes Act".

A) The instant sales contract was rescinded on December 31, 2014, on the ground that the Defendant did not express his/her intent to accept the proposal by December 31, 2014, which was specified in the victim L and M (hereinafter “victim”)’s proxy on December 16, 2014.

The Defendant mediated the instant sales contract.

On April 8, 2015, the AE explained that it is not possible to accept the victims' requests for compensation when they met with the victims.

The Defendant sold to U and V (hereinafter “U, etc.”) April 13, 2015 after the agreement between the victims and the intent of rescission of the instant contract was reached and completed the registration of transfer of ownership. Thus, this crime is not established.

The victims did not intend to maintain the contract of this case.

The victims filed a lawsuit against the Defendant for the return of down payment and intermediate payment on April 21, 2015, when the victims did not know that the instant real estate was sold to U, etc., with respect to the building Nos. 101 and the shares of the said land (hereinafter “instant real estate”).

The Defendant, at least, believed that the instant sales contract was rescinded, and sold to U.S., had no intention to commit a crime of breach of trust.

In the event that the sales contract of this case is missing in the situation of impossibility of performance, the sale act to solve it shall be deemed to be one's own business and shall be deemed to be another's business.