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The judgment below
Of those, the conviction against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
The judgment of the court below.
Reasons
Summary of Grounds for Appeal
Defendant
With respect to the 570,500,000,000 won for the victim H of mistake of facts, Defendant A introduced L to the victim H a person to assist the owner of the business of installing the SK's card terminal, and only received KRW 5772,500,000 from the victim H and delivered it to L, and there is no fact that the above money was acquired for the purpose of the cost by deceiving the victim H to take over the above card terminal business.
The judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.
With respect to the fraud of KRW 94,028,190 against the victim H, Defendant A believed L’s horse that he/she would give a subcontract for the replacement of telecommunications cables and only delivered it to the victim H, and thus, there is no intention to commit fraud.
The judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.
The punishment sentenced by the court below of unfair sentencing (two years of imprisonment) is too unreasonable.
The public prosecutor, the victim H and I testified to the effect that “Defendant A promised to conclude a free contract,” and the victim H testified that “A was able to conclude a free contract from Defendant B,” and Defendant B prepared a loan certificate to the effect that, around January 20, 2012, the victims would pay KRW 125 million to the victims by the end of December 2012, and Co-defendant C of the lower judgment.
In light of the fact that the Defendants, who did not enter into a free contract but did not know how Defendant B would supply the stones, etc., the fact that the Defendants, by deceiving the victims, obtained a total of KRW 74 million under the pretext of expenses, etc. for concluding a contract with X, is recognized.
The judgment of the court below which acquitted the Defendants of this part of the charges.