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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1’s misunderstanding of the fact (Defendant A) stated that the victim believed the horses of Co-Defendant B and made a false objection to the victim, and received money necessary for the establishment of a corporation rather than receiving money from the victim’s capital for the establishment of a corporation. The victim was merely unable to establish a corporation upon complaint while attracting investment in capital for the establishment of a corporation by carrying out the business with the money actually received from the victim.
2) The sentence of the lower court (one hundred months of imprisonment) is too heavy or unhued so that the sentencing is unfair.
B. In light of the fact that Defendant B (public prosecutor, mistake of fact), N (hereinafter “instant company”) made a statement by the relevant persons who have trusted the Defendant’s false career and used the amount equivalent to KRW 130 million out of the amount of fraud of this case, there is an error of misconception of facts in the judgment below that acquitted the Defendant.
2. Determination:
A. The lower court determined that Defendant A and the Prosecutor’s grounds for appeal on the grounds of appeal on the following facts: (a) the Defendants, based on the evidence duly adopted and investigated, was aware of whether the Defendants were successful at the time of committing the instant crime and leading to the establishment of the corporation; (b) there was no specific plan for the establishment of the corporation; and (c) Defendant A was aware of the fact that the Defendant was the victim’s business; (d) Defendant A was well-established and anticipated to be established; and (e) Defendant A was aware of the prospects of the instant business; and (e) Defendant A received the Defendant’s defrauded money to the effect that the Defendant would invest the money to be deposited with the capital; and (e) the Defendant received the Defendant
The following circumstances acknowledged by the evidence mentioned above, i.e., the victim from the investigative agency to the court below.