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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for six years.
Reasons
1. Of the instant facts charged, the lower court determined that the evidence submitted by the prosecutor as to the fraud of victimO and P cannot be recognized solely based on the evidence submitted by the prosecutor, and sentenced the Defendant not guilty, and sentenced the Defendant to seven years of imprisonment with prison labor by recognizing all other facts charged. Since only the Defendant appealed on the ground of mistake of facts and unreasonable sentencing as to the guilty portion among the lower judgment, the part of the lower judgment’s acquittal was separate and determined by the intention of the appeal period.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim BH (hereinafter “victim”) in the erroneous determination of facts and legal scenarios, Q (hereinafter “ Q”) entered into an asset management, operation, and disposal contract and a general office consignment contract in order to carry out a new construction project with Q and T (hereinafter “U”) on October 31, 2006, and entered into an asset management, operation, and disposal contract and general office consignment contract in March 20, 2007, with 1.5% of the total project cost as of the date of entering into the said modified contract and 100 million won from each month after entering into the modified contract.
U and Q enter into a sales agency contract for the said new construction development project on March 20, 207, with regard to the payment of sales agency fees, “The sales agency fee shall be 7%, 40%, 40% at the time of the contract, 40% at the time of the payment of the first intermediate payment, and 20% at the time of the payment of the balance in full. The time of the payment of sales commission shall be calculated each month’s sales performance and filed by Q Q by the fifth day of the following month, and U shall pay it in cash by the 15th day of the month of the claim.”