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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant alleged in misunderstanding of facts and legal scenarios is WWF (hereinafter “F”).
(2) The Defendant was aware of the fact that the right of sale was almost secured, and W knew that the Defendant would exercise the right of sale on behalf of the victims, and entered into a pre-sale contract with the concept of receiving investment in the sale on behalf of the victims. Moreover, there is no fact that the Defendant falsely notified the victims of the security of the security for the use of the pre-sale contract or the return of the pre-sale price. Furthermore, the Defendant had considerable property, such as the right of sale on behalf of the victims at the time, the right of sale on behalf of the victims, and the right of the first investment on behalf of the victims, and the right of sale on behalf of the victims would not proceed as planned, so it was sufficient for the victims to return the pre-sale price to the victims. Ultimately, the Defendant did not deceiving the victims and did not have any intent to acquire the pre-sale price from the victims. Accordingly, the lower court erred by misapprehending the legal principles and misapprehending the legal principles, which found the Defendant guilty.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination:
A. The criminal intent of defraudation, which is a subjective constituent element of fraud, of the judgment on the Defendant’s assertion of mistake and law, shall be determined by taking full account of the objective circumstances such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime unless the Defendant confessions. The criminal intent is not a conclusive intention, but a dolusent intention is sufficient.
(see, e.g., Supreme Court Decision 2007Do10416, Feb. 28, 2008). Moreover, deception as a requirement for fraud ought to be in accordance with each other in the transactional relationship of property.