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Defendant
All appeals filed by B and prosecutor are dismissed.
Defendants shall jointly obtain money from T and E as an applicant for compensation.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant B (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence (one year of imprisonment, two years of suspended execution, and one year and six months of imprisonment) imposed on the Defendants is too uneasible and unreasonable.
2. The Defendants’ each of the instant crimes committed by Defendant B and the Prosecutor with respect to the assertion of unfair sentencing was not in the state of holding full authority to dispose of each land by paying only the sales contract amount of each land, and acquired money from the victims in the name of the purchase price in spite of no intent or ability to complete the registration of ownership transfer due to lack of funds of the planned real estate company. In light of the criminal process and criminal law, the crime is not good; the number of victims due to each of the instant crimes is nine; the total amount of damages reaches KRW 255 million; the total amount of damages reaches KRW 250 million; the victims who have no knowledge of real estate transactions did not recover from damage to the victims other than the victims I, as seen below, are disadvantageous to the Defendants.
However, from the investigation process, the Defendants led to the confession of each of the instant crimes and reflects their mistakes. While the Defendants invested the planned real estate company more than KRW 250 million, they did not make profits, it seems that the Defendants made profits because of the monthly salary or operating expenses of the employees of the company. The Defendants transferred the ownership of other land to the victim I in the case of the 2018 High Court Decision 2018 High Court Decision 2010Mo3681, which led to the agreement by the lower court. The Defendants’ family members are the primary offenders who did not have criminal power, and the Defendants’ family members are the preference against the Defendants.