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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for the crimes of paragraphs 1 and 2 of the judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) was aware of the fact that the said Defendant had the intent and ability to complete the instant commercial building and sell it.
The above defendant did not deceiving the victim, and the victim will make an investment after analyzing the contents of the new commercial building construction project of this case, the status of official photographs, and the possibility of completion.
The court below found the defendant guilty of the facts charged. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
(2) The sentence of the lower court against the above accused of sentencing (a crime of 1, 2: imprisonment with prison labor for 1 year, and a crime of 3: imprisonment with prison labor for 6 months) is too unreasonable.
B. The prosecutor (1) misunderstanding of fact (defendant B) did not have the intent and ability to complete the instant commercial building.
Defendant
B In collusion with Defendant A, “the completion of responsibility” was committed to the victim and acquired the proceeds of sale by fraud.
The court below acquitted Defendant B of the facts charged. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
(2) Improper sentencing (as to Defendant A), the lower court’s sentence against the above Defendant is too unjustifiable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by Defendant A’s assertion of mistake in the facts and the evidence duly adopted and examined by the court below and the trial court, the above Defendant did not have the intent and ability to supply the above commercial building when the sale of the commercial building in this case does not proceed well. However, it can be acknowledged that the Defendant explained as if the victim would normally perform construction work with the money and would have completed the above commercial building, and the Defendant received KRW 770 million from the injured party. The above Defendant can be deemed to have been aware of the possibility of not completing the commercial building as above.