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The judgment below
The part against the Defendants is reversed.
Defendant
A shall be punished by imprisonment with prison labor for the first crime.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts does not have any fact of deceiving the victim D as described in paragraph (1) of the crime at the time of original adjudication by deceiving the victim D, and, in relation to the criminal facts of the original adjudication, Defendant A did not confirm whether the right to sell the office of Ktel and commercial building received as substitute material from the J Co., Ltd. (hereinafter “J,”) which is the contractor of the K Officetel and commercial building newly constructed in Yeongdeungpo-gu Seoul (hereinafter “J”) was legitimate, or the J issued a written confirmation of full payment to Defendant A, and thus, Defendant A was aware of the fact that Defendant A was a legitimate right to sell, and thus, Defendant A did not have any criminal intent to acquire it.
Nevertheless, the court below convicted Defendant A of this part of the facts charged, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
(2) The sentence (the first crime: imprisonment with prison labor for 2 months and 2-A(a) of the Decision) that the lower court sentenced the Defendant A on the grounds of unfair sentencing (the first crime: imprisonment with prison labor for 1 year, 1 year) is too unreasonable, on the grounds that the petition of appeal submitted on November 6, 2012 states that “the fact-finding person” as the grounds for appeal as the grounds for appeal.
B. Defendant B (1) The facts constituting the crime of fraud as indicated in the judgment of the court below
A. The misunderstanding of facts as to the part) Defendant B’s “K Officetel and commercial building are acquired as a substitute for the construction cost, and thus, there is a disposal authority.” As such, Defendant B’s 103 Officetel No. 1003 (hereinafter “the instant officetel”) among about 17 households in trust of Defendant A’s horse and received a sales request.
) and 107 commercial buildings (hereinafter referred to as “instant commercial buildings”) are called the instant commercial buildings.