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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year and for six months, respectively.
, however, the defendant.
Reasons
1. Summary of the Defendants’ resistance
A. The Defendants common (misunderstanding of the facts, misunderstanding of the legal principles) ① Defendant A decided to solely purchase G, H, and I land (hereinafter “instant land”) from L, the former landowner, and the victims are not co-owners of the instant land, but investors. ② The victims already knew of the fact that the ordinary sale price of the instant land was 85,000, and thus, the Defendants deceiving the victims.
shall not be deemed to exist.
③ A person who paid a direct investment from the victims in cash is only the victim and the remaining victim E and F did not actually bear the purchase price of the instant land (each of 120 million won). The purchase price of the instant land was paid by the victim D in cash and settled the remainder by raising the loan.
④ Even if the sale price of the instant land was 85,000 square meters per square, the fact that the sale price was 85,000.
As long as the victims were not investors, the Defendants recovered the investment money after the development of the land of this case, so the victims suffered damage.
shall not be deemed to exist.
Even if the victims are co-owners of the land of this case due to the concession, as long as the name of the land of this case is the victim E and D, what damage occurred to the victims.
shall not be deemed to exist.
(5) The Defendants acquired money from victims by deceit.
Even if the amount of damage of the victim E, F is the interest on the amount loaned under the name of 20,000 won of down payment and 20,000 won and the victim D, it shall be deemed that the interest on the said victims’ apportionment (this part shall also apply to Defendant B’s assertion or Defendant A).
7. The Defendants are victims.