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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The court below found Defendant A guilty of all the facts charged of this case, although Defendant B and K merely received investment money from the victims and delivered it to K as Defendant B and K informed of the real estate price, they did not deceiving the victims or defraud the investment money. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
(2) Defendant B and C did not encourage the victims to make an investment as a mere investor, and did not invite the victims to make an investment in real estate or make up for the purchase price so that they would have a profit equivalent to the difference. The Defendants did not gain any profit or incur any loss in connection with the sale and purchase of the instant real estate. The victims P was the motive of Defendant A’s high school and the victim Q was a joint manager of the real estate brokerage office, and made an investment in the instant real estate in accordance with Defendant A’s recommendation and self-determination. The lower court convicted the victims of all the charges of this case. The lower court erred by misapprehending the facts, which affected the conclusion of the judgment.
B. In light of the overall circumstances of the instant case of unfair sentencing, each sentence imposed by the lower court on the Defendants (one year of imprisonment, two years of suspended execution, etc. in October, two years of suspended execution, etc., and two years of suspended execution in August) are excessively unreasonable.
2. Judgment on the assertion of mistake of facts
A. The following circumstances are acknowledged based on the evidence duly adopted and examined by Defendant A, the lower court and the lower court. In other words, the Defendant, in the investigative agency and the lower court’s court, told the victims of the purchase price of each of the instant real estate. The Defendants did not have made any investment.