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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s original contract for sale in lots was scheduled to return money to H from the time of lending money to H. Defendant A’s return of the contract for sale in lots to H is limited to the fact that the contract for sale in lots was returned to H, and that the contract for sale in lots was a document with no value, and thus, it does not constitute a breach of trust.
Nevertheless, the court below found Defendant A guilty, and there is an error of misunderstanding of facts.
B. (1) The prosecutor (1) of the court below's punishment (two months of imprisonment and two years of suspended execution) against Defendant A is too unfunched and unfair.
(2) According to the statement statement of Defendant B, including D, E’s legal statement, and the statement statement of Defendant B, the court below acquitted Defendant B of the fact that Defendant A returned the original contract to H by Defendant B’s instruction. However, the court below acquitted Defendant B of the fact that the court below erred by misapprehending the legal principles.
2. Determination
A. (1) According to the judgment of the court below and the evidence duly adopted and examined by the court below on the assertion of mistake of facts by Defendant A and the prosecutor, the Defendants and the victims stated that the Defendants and the victims delivered KRW 200 million as investment expenses for the new construction of the I building to H, which is the actual operator of G (State) on October 19, 2010. However, the facts charged and the facts charged by the court below are stated that the Defendants and the victims delivered KRW 200 million as investment expenses for the new construction of the I building.
Each KRW 50 million was invested in KRW 200 million. Accordingly, H agreed to the effect that “The principal KRW 200 million was returned until April 18, 201, and the income amounting to KRW 200 million was paid until September 30, 201, and if delay is transferred to a large unit of I building 201, which is in force in Q Q from Gwangju, and if delay is transferred to the large unit of I building 201, the original contract for the sale of I building 201 (hereinafter “original contract for the sale of this case”).”
The down payment shall be KRW 400 million, and the seller shall be M and one other.