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All the defendant and prosecutor appeals are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The defendant of mistake of facts will return the amount of KRW 150,000 (hereinafter referred to as "the amount of this case") to KRW 152,000 (hereinafter referred to as "the investment of this case") from the victim on or around June 2011, after four years.
However, there was no fact that "the defendant will pay interest of KRW 30 million for every one year after the year," and even until now, since the due date for the payment of the principal of investment and the profits to the victim has not yet arrived, the judgment of the court below that recognized the criminal defendant's criminal intent by deceit is erroneous for misunderstanding of facts.
The sentence of unfair sentencing (one year and four months of imprisonment) by the court below is too unreasonable.
The court below's sentence of the prosecutor (e.g., e., e., e., e.g.
Judgment
The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts, i.e., the victim C presented a copy of the F land in the investigative agency and the court below's judgment that "the defendant found 100,000 square meters in the clan land through civil litigation, and owned land in the name of wife E in the Daejeon Seo-gu, Daejeon. It is currently making a large amount of business, such as real estate business and boiler business. If the investment of KRW 300 million is made to B, the victim will create KRW 1 billion within 3-4 years, and if the money is inside, the building will be limited, and interest shall be paid KRW 30 million in each amount of KRW 50 million invested after one year." The victim C, along with the receipt, stated that "The defendant trusted and delivered the investment money to the defendant at the first time by the investigative agency after one year from the date of issuance of the date of payment, by using the receipt to the promissory note stated in the first time, which corresponds with the victim's right to evidence No. 2616.