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Defendant
All appeals filed by A, B, and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to the part not guilty of fraud by Defendant A and B, the above Defendants, despite the fact that there was no other investor in fact about the purchase of the instant land and there was no investment in addition to KRW 400 million invested by the victim J, fraud is established since the above Defendants received KRW 400 million from J and acquired the said victim by fraud, with the fact that other investors were more and more paid or prepared for the down payment, intermediate payment, and balance.
B) As to the part not guilty of Defendant C’s breach of trust, the above Defendant did not know that he forged the private document, and the first sale contract (the sale price of 2.6 billion won) was concluded.
b)the second sale contract (the sale price of KRW 70 million, the intermediate payment of KRW 1 billion, the balance of KRW 900 million), which is not the down payment of KRW 70 million;
F. Considering that the down payment of KRW 150 million, intermediate payment of KRW 550 million, and the intermediate payment of KRW 1.5 million was received pursuant to the second sales contract, the victim J and A received KRW 150 million and part of KRW 3.50 million from the intermediate payment of KRW 1.5 million. Thus, the above Defendant’s duty to implement the procedure for the registration of ownership transfer of the instant land is to establish a crime of breach of trust because the said Defendant provided the victims with the right to collateral security to collateral security. However, the above Defendants A and B (i.e., forgery of private documents, and the uttering of the above investigation documents) committed a crime of breach of trust by setting the purchase price of the instant land in the name of KRW 2.6 billion, and (ii) set the purchase price of the instant land in the name of KRW 1.50 million, and the above purchase price of the instant land in the name of KRW 2.1 billion is to bear KRW 500 million,000,000,000.