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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor 1) According to the evidence submitted by the prosecutor of the fact-finding, the defendant can fully recognize the fact that the defendant deceivings the victim CF cooperatives to acquire grain.
Nevertheless, the court below found the victim C Agricultural Cooperatives not guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
2) The punishment sentenced by the lower court (two years of imprisonment) is too uneased and unfair.
B. Although Defendant 1 did not have any intention to commit a crime by mistake or mistake of facts, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby convicting the victim FF Agricultural Cooperatives and H Agriculture Cooperatives of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).
2) The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. 1) Examining the evidence duly admitted and investigated by the court below as to the prosecutor's assertion of mistake of facts in light of the records, the court below is just in finding the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and there is no error of misconception of facts as alleged by the prosecutor.
The prosecutor's assertion of mistake is without merit.
2) In full view of all the evidence duly admitted and investigated by the lower court on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court, on the grounds stated in its reasoning, committed a criminal intent by deception against the Defendant regarding each of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim FF
Recognizing this and finding guilty is justified.
Defendant’s mistake of facts or misapprehension of legal principles is without merit.
B. The Defendant committed the instant crime with regard to the wrongful argument of sentencing.