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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of mistake of facts directly paid 30 million won to I, and the Defendants did not have been entrusted with the custody of the said money by the victim.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s punishment of KRW 1.5 million, each of the fines imposed on the Defendants, is too unreasonable.
2. The judgment of the court below and the court of the trial lawfully adopted and examined the defendants' assertion of mistake of facts (the defendants denied the admissibility of CDs bound on 54 pages of the trial record, but the records show that the defendants consented to the above evidence. Thus, the defendants' assertion in this part is without merit). ① The victims, around June 13, 2012, shall jointly purchase HVs located in Busan Northern-gu G (hereinafter "the real estate of this case") with I, and I shall withdraw KRW 30 million from the seller of the above real estate to the consignee of the E Joint Office, who shall pay the above money directly to J, and the defendants paid the above money to the above defendant to the court of the court below for this purpose, and consistently accepted the above money from the investigation to the court of the court below to the part payment at the time of the investigation, and the defendants shall consistently receive the money from 00 billion won to 00,000 won to 30,000 won from the part payment to the court of the court of the court below.