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The judgment below
Among the parts against Defendant A, Defendant B, and Defendant D, each of them is reversed.
Defendant
A, six years of imprisonment,
Reasons
The summary of the grounds for appeal is as follows: Defendant A's mistake of facts and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud No. 21 in the judgment of the court below) in the judgment of the court below (attached Form No. 21 in the judgment of the court below); Defendant AF received 5,000,000 won as the down payment for the purchase of CCTV membership from BK Co., Ltd. and actually paid it as the down payment; Defendant 495,000,000 won as the remainder payment was not paid as the balance on the side of KoreaCC; Defendant AF could not be deemed to have committed a crime of defraudation of Defendant as to KRW 55,00,000 paid as the actual down payment. However, the court below found Defendant AF guilty of not only the remainder payment of KRW 495,00,000 as well as the above amount of KRW 55,000,000 in the name of the down payment as well as the amount of KRW 5,500,5000.
The judgment below
In this part, there is an error of law by misunderstanding facts or misunderstanding legal principles.
The punishment sentenced by the court below to the defendant (seven years of imprisonment) is too unreasonable.
Defendant
B misunderstanding the facts and misapprehension of the legal principles concerning the establishment of a joint principal offender and the crime of defraudation, and the Defendant, as the head of the business headquarters of AF, engaged in business activities under the direction of A, the representative director of the actual company interest, and also, the Defendant also committed each of the instant fraud committed by A, which pretended to engage in normal business activities by taking advantage of golf club membership practices, such as not acquiring golf club membership rights immediately through the purchase price paid by the purchaser client prior to securing the distribution of golf club membership.