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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant’s business registration certificate, etc. issued by the Defendant A to the victims is materials that can easily be claimed by anyone, and that the Defendant did not fully confirm the borrower’s intent to participate in the joint project, the Defendant did not have any intent or ability to arrange the borrower’s company.
Nevertheless, the judgment of the court below which acquitted the defendant.
B. In light of the fact that Defendant B’s assertion as to Defendant B did not have any intent or ability to receive appraisal as stated in the facts charged, on the real estate of H, in light of the fact that the amount actually paid to the appraiser was KRW 500,000,000,000,000,000 received from the victimized party, and that the Defendant used the money received from the injured party for personal purposes.
Nevertheless, the judgment of the court below which acquitted the defendant.
2. Summary of the facts charged in this case
A. Defendant A (1) at around March 21, 2012, at the F legal office office of Gangnam-gu Seoul Metropolitan E building 1113 around March 21, 2012, the Defendant seeks to seek a joint business proprietor to borrow a loan of KRW 70 billion with the land and building of H set to the victim G within 10 days.
As down payment, the phrase “a request to 60 million won is made” was false.
However, the fact that the defendant operated a real estate consulting company from around 2011, and did not have any intention or ability to arrange joint business operators for the loan.
The Defendant received 60 million won from the victim to the post office account in the name of I on the 22th day of the same month.
Accordingly, the defendant was given property by deceiving the victim.
(2) On September 13, 2012, the Defendant purchased the land in Gyeonggi-do with the victim K at the F Legal Office of Seoul, Gangnam-gu, Seoul, Seoul, the F Legal Office of Law No. 11113 to purchase the land.