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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years, and for one year, for Defendant B.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (Defendant A and Q, etc. explained the reconstruction project to the victim and provided information on the payment of money, and there was no fraudulent act by the Defendant. Although the necessary funds to Q are KRW 1 billion, the Defendant invested only KRW 300 million, and the victim subsequently decided to invest KRW 1.6 billion in order to acquire the enforcement authority, but there was no intent to commit the crime of deception only because the project was become a become a become extinct, and there was no intention to commit the crime of deception.
B. The sentence that the court below sentenced (the Defendants) was unfair (the three and a half years of imprisonment for Defendant A, the two years of imprisonment for Defendant B, and the three-year community service work 240 hours of suspended execution) is too unreasonable.
2. Determination
A. Regarding the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim stated that there was no statement from Defendant A as to the same end as the facts charged in this case and that there was a need to invest KRW 1 billion in the Defendant’s land located in Q, not Q. Q also stated that there was no such statement made by the victim as above, and that there was no fact that Q did not agree with the Defendants due to a clerical error by attracting KRW 1 billion. The victim did not state that the loan agreement entered into with the Defendants when paying KRW 300 million to the Defendants was specified as KRW 30 million and that KRW 300 million should be first paid out of KRW 1 billion, and it did not state that Q will implement reconstruction by the end of May 208.
The repayment of the loan shall be made at the end of the pF.
A union has clearly stated that the time of life expectancy after financing shall be at least five months, but it shall be completed until February 2008, and that the injured party shall invest 1.6 billion won in a joint project implementation agreement prepared between the injured party and the Defendants.