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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than four years and six months.
. Defendants
Reasons
1. Summary of grounds for appeal;
A. The court below's reasons for appeal by Defendant A (five years of imprisonment) is too unreasonable.
B. Defendant B’s grounds of appeal 1) Defendant B’s assertion of mistake of facts did not have conspired to commit such fraud as stated in the facts constituting the crime in the judgment of the court below, and Defendant A possessed a written contract on the right to operate the brin restaurant prepared between J, and only believed that A actually has the right to operate the brin restaurant and practical work as A’s employee. 2) The lower court’s assertion of unfair sentencing is too unreasonable.
C. The lower court’s each sentence against the Defendants in the grounds of appeal by the prosecutor is too uneasible and unreasonable.
2. In full view of the following circumstances admitted by the court below and the evidence adopted and investigated by the court below as to Defendant B’s assertion of misunderstanding of facts, the court below’s fact-finding and judgment are just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding of facts as otherwise alleged by the defendant.
When the victims of each of the instant fraud committed the instant fraud, they were in the presence of the Defendants at the time of the preparation of a contract in relation to the operation of the brin restaurant, and Defendant B was the chief of J management (the Defendant B used the name of the Y at the time and used the name of the Y in the name of the Y), and Defendant B stated that he sent the construction site to the brin restaurant, along with Defendant B.
In the court of the first instance, the victim H proceeded with all conversations between the Defendant B, and the Defendant A was seated next to it.
Defendant
B The Seoul AD Apartment Construction Site, which is in progress in J, was self-governing.
When a contract is prepared with respect to the operation of a brin restaurant in the construction site of the J in itself and AF, the contract shall be made in the name of the defendant A.