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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, as stated in the facts charged, promised to repay the principal of KRW 250 million to the complainant within six months, and received the investment amount of KRW 250 million from the Defendant, and failed to repay the investment amount within the period promised by the Defendant. However, the Defendant was anticipated to return the investment amount within six months with the sales commission for the complex sale business on the share of Eunpyeong-gu Seoul E, Seoul, which was being promoted at the time, within six months, and received the investment amount from the complainant. However, the Defendant was anticipated to have been able to return the investment amount within the period of six months due to the suspension of the business due to the suspension of the business due to the detention of the representative of the executor of the business, and was not able
There was no circumstance to see it, and there was no intention to commit fraud, so there was no intention to commit fraud.
B. The sentence of the lower court’s improper sentencing (two years of suspended sentence for one year of imprisonment) is too unreasonable.
2. The summary of the facts charged is as follows: D, the complainant at the law firm representative office of Seocho-gu Seoul, Seocho-gu, Seoul at around April 201, in order to perform the complex sale business in Eunpyeong-gu, Seoul (hereinafter “second business”) and the construction business of building-sale in Gunposi (hereinafter “third business”) and to newly construct officetels on G site in Gunposi-si, the father’s own (hereinafter “first business”) (hereinafter “the Plaintiff”) at KRW 250 million,00,000,000,000,000,000,000,000,000,000, if the principal of the investment is to be paid within six months, and KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00.
“A false representation was made.”
However, in fact, officetels located in G and apartment complexes in Eunpyeong-gu Seoul Metropolitan Government were in the state of not having a construction permit, and the F Building reconstruction construction works in Gunpo-si is also determined.