Defendant

All A and prosecutor appeals are dismissed.

Defendant

A shall be KRW 147,00,000,000,000, which is obtained by deception from an applicant for compensation.

1. Summary of grounds for appeal;

A. (i) As to Defendant A’s assertion of misunderstanding of facts against the victim AJ (2013 highest 649), Defendant A delegated the sale of real estate from the victim AJ to pay KRW 10 billion out of the proceeds of the sale to the victim AJ. To raise the money, Defendant A delivered the 10 billion fake bill from AP to the bond company as security, and the said bill was found to have been forged, and there was no fact that Defendant AJ sold real estate owned by Defendant A and paid KRW 10 billion out of the proceeds of the sale to the victimJ.

Nevertheless, the court below found the defendant guilty of this part of the facts charged by misunderstanding facts.

With respect to the fraud of the victim S (2013 order 1419) Defendant A only introduced L (M) and N, etc. to the victim S, and there is no fact of deceiving the victim S in collusion with L, N, etc.

Nevertheless, the court below found the defendant guilty of this part of the facts charged by misunderstanding facts.

B. (i) Defendant A’s imprisonment (four years of imprisonment) is too unreasonable.

The sentence of the court below (two years of suspended execution in six months of imprisonment) against the Defendant B of the Prosecutor is too unhued and unfair.

2. Determination on the grounds for appeal

가. 피고인 A의 사실오인 주장에 대한 판단 ⑴ 피해자 AJ에 대한 사기의 점에 대하여(2013고단649) ㈎ 원심 및 당심이 적법하게 채택하여 조사한 증거들 및 기록에 의하여 인정되는 다음과 같은 사실 또는 사정, ① 피해자 AJ이 수사기관에서 ‘2011.경 살고 있던 주택의 경매를 막기 위하여 자신 등이 소유하고 있는 부동산을 매도하려고 하던 중 피고인 A을 소개받았고, 피고인 A이 위 부동산을 개발하고 인허가를 받아 매도하여 주고 우선 100억 원을 주겠다고 하였다.

However, the defendant A urged to pay the money that he promised.