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The judgment below
Defendant E shall reverse the guilty portion of Defendant E.
Defendant
E shall be punished by imprisonment with prison labor for one year.
Defendant
A, D, H, I.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) 1’s mistake of facts and misapprehension of legal principles. As to the crime paragraph (1) at the time of original adjudication, the Defendant is the nine households of an exclusive complex apartment with “Z” (hereinafter “instant apartment”).
A) On the date of loan to the buyer, the ownership transfer registration and the establishment registration of a neighboring community in the future of the victim V community credit cooperative will be conducted immediately, and there was no intention in breach of trust to cause damage to the damaged credit cooperative by failing to reflect the loan amount despite being aware that the registration was impossible in advance, or by being aware of the fact that 31% discount was sold in advance. ② As to the crime No. 2(a) of the original judgment, the Defendant received KRW 10 million from C, which was not KRW 150,000,000,000 from KRW 60,000,000,0000,000 won was paid to C and received as a loan honorarium, and thus, it should be sentenced to the rate of punishment prescribed in Article 5(4)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which is not Article 5(4) of the same Act, (3) of the crime No. 2 of the original judgment at the time of judgment, the Defendant did not intend to receive the money from C, KRW 100,500,00.
B. Defendant D1) When the loan of this case was made by mistake of facts and misapprehension of legal principles, Defendant AWtel (hereinafter “instant officetel”) in the victim V Saemaul Depository.
It cannot be said that there is an obligation to notify the existence of a discount sale agreement, and in particular, the victim's V Saemaul Fund may inquire the defendant, the buyer, the executor, the Si construction, etc. of the instant officetel on the discount sale of the instant officetel or easily verify the discount sale rate of the instant officetel through the sales contract, etc.