A. Defendant 1) MB real estate trust company (hereinafter “KB real estate trust”) at the time the Defendant was invested in the business funds from the victim Q as to the fraud of the victim A Q, as to the facts of the fraud of the victim A Q, is a new construction project for the AL collective housing (the defendant is the E Co., Ltd. (hereinafter “E”).

) Through the purchase and promotion of the AL-Japan land, the project cost was set by participating in the project (i.e., collectively referred to as the “instant project”), regardless of specific cooperation contractor, trust company, parcel of land or housing complex on the project subject to the project) and investing in the project cost. The victim Q confirmed it and invested in the project fund, and the Defendant used the investment fund as a building name map and grave relocation cost for the said project.

Therefore, the defendant deceivings the victim A Q.

shall not be deemed to have acquired money through deception from him/her.

B) As to the fraud of the victim B Q, the Defendant and the victim B Q predicted that the apartment sale would be achieved smoothly, and the performance guarantee agreement was concluded, but it did not mean that the apartment sale volume has been accumulated in the vicinity, and the housing association was not formed due to the fact that the apartment sale volume was below the sale rate. The Defendant did not have any criminal intent to acquire the performance guarantee from the victim. 2) The lower court’s sentence of unfair sentencing is too unreasonable.

B. In the trial on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the indictment was modified in the trial on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (based on the misunderstanding of facts and the misunderstanding of legal principles as to the judgment of the court of first instance). The defendant who has forged a public letter in the name of E representative director D and sent it to E representative director D and received business funds is the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)