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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant was a person who was killed in the process of living in the Section from the time when he was born, and the victims were able to receive from the Defendant for a long time, and returned to the country the money received from the victims and their money for the victims who had lived for a long time on behalf of the victims who had lived with the right to receive the law, and there was no fact that the victims were able to receive 100 or more times of 100 times of 1 year or more, and that they did not err in the surrounding people unless the victims were able to do so.
It is not different from the course of the victims' assertion, but from the course of the disaster, the defendant's presentation of the map in the country and the sea constitutes a sundo, and the defendant paid the expenses to the Swegs for the victims and requested the preparation of the map.
Therefore, the defendant received money from the victims.
Even if it is actually used for the victims, it is not possible to recognize the criminal intent of defraudation by the defendant, and it is not possible to establish a crime of fraud. Therefore, the judgment of the court below that recognized the defendant's crime of fraud
B. The sentence of the lower court’s improper sentencing (three years of suspended sentence for one year of imprisonment) is too unreasonable.
2) The Prosecutor’s sentence is too unhued and unreasonable.
2. Determination:
A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, namely, ① The victim D consistently from the investigative agency to the court of the lower court, to the extent that the Defendant did not pay or pay the amount paid to the Defendant, such as the facts constituting the crime of the lower judgment, return to the country along with himself/herself, but rather, he/she did not go to himself/herself unless the Defendant did not go to himself/herself, and the Defendant was a third party.