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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. As to the fraud of the victim D by mistake of fact (2018 Madan3522), the Defendant actually carried out the E Forest Development Project in Seocho-si, Seosan-si, and did not deceive the victim D, and even if the Defendant had enticed the victim D.
Even if the defendant committed a deceptive act only with respect to KRW 30 million actually used by the defendant among KRW 70 million remittances, the defendant did not commit a deceptive act with respect to the remaining KRW 40 million, and with respect to the fraud of the victim G, the defendant did not actually conduct the business explained to the victim G and did not deceiving the victim G.
B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. The lower court found the Defendant guilty of the facts charged in this case by comprehensively taking account of the circumstances acknowledged by the evidence duly admitted and investigated. In regard to the fraud of the victim D, according to the witness C’s statement, the Defendant appears to be necessary for the victim D to receive KRW 70 million for the victim D’s forest and field development project at Seosan City Forest and field development project at the time of receiving KRW 70 million from the victim D, and in relation to the fraud of the victim G, the Defendant used KRW 25 million for the victim’s debt repayment unrelated to the project explained by him/her, and did not notify the victim G of the use of KRW 20 million,00,000,000,000,000, which was 25,0000,000,000,000,000,000,000,000,000,000,000,000 won.