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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence sentenced by the lower court to Defendant A (unfair sentencing) (one year of imprisonment and two years of suspended sentence) is too unreasonable.
B. At the time of the instant case, Defendant B believed that Defendant B was one of the most serious figures of the gold collection, which was offered as security to the victim (hereinafter “the instant gold collection”), and there were many circumstances to believe that it was a serious good, and that it was requested by P to consignment sale of G and H’s forest. Thus, Defendant B did not have any intent to commit fraud.
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to Defendant B (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, Defendant B was aware of the fact that the Dogma of this case was a valuable good at least, and Defendant B was sufficiently aware of the fact that the Dogma of this case had no intent or ability to exchange the G and H’s pictures with the victim as a security. Thus, Defendant B had a criminal intent to commit fraud.
It is reasonable to view it.
① At the events held at Q hotel located in Mapo-gu Seoul, Seoul in around 2013, Defendant B appraised the instant Dognet as a serious product, and at the same event around 2014, Defendant B would purchase the instant Dognet as KRW 20 to KRW 3 billion.
The proposal was made, and during the end of 2014, there was a fact that the Japanese Rartman in charge of the instant art gallery appraised that the instant Dog itself was a good, and around May 2015, the instant Dog itself was displayed at T's office located in Gangnam-gu Seoul Metropolitan Government and was appraised by the appraiser. At the time, the appraiser is also a good.