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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds of appeal (in fact-finding) is as follows: (a) the Defendants received total of KRW 188 million from the victims in cash when considering the evidence submitted by the prosecutor; (b) the rest of KRW 35 million was remitted from the victims to the passbook account; and (c) even though the Defendants did not have the intent and ability to repay with respect to the defraudation of KRW 80 million, the lower court acquitted the Defendants of the facts charged in this case on a different premise, there is an error of misunderstanding of facts.
2. Determination
A. (1) On August 28, 2014, the Defendants of this part of the facts charged stated as follows: (a) around August 28, 2014, at the D coffee shop located in Gangnam-gu Seoul Metropolitan Government, the Defendants stated that “The victims E and F shall pay 210,000 won in total each of the KRW 30,000,000,000,000,000,000 for each business right of execution of the joint voting, out of three interiors, landscaping, landscaping, and brin restaurant business rights promoted by Sungnam-gu, a foundation corporation G, and the J development projects implemented by I, a foundation corporation I.”
However, even if the Defendants received money from the victims, they did not have the intent or ability to provide the victims with the right of execution of the passenger voting and the right of execution of the passenger voting in the above H execution site, among the rights of the restaurant business and the above J development business.
Accordingly, the Defendants conspired to induce victims and receive 33 million won in cash on the same day from the victims, and around that time, they received 188 million won in total on five occasions, such as the list of crimes in the judgment of the court below.
(2) In full view of the following circumstances, the lower court’s judgment: (a) based on the evidence submitted by the Prosecutor, the Defendants were to make cash as of the date stated in this part of the facts charged by the victims.