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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) As to the fraud against the victim D, the facts constituting the crime as indicated in the judgment of the court below are as follows: 1. A. and 1.C.
With respect to subsections, the AI deceivingd the victim D, and the defendant was a bad credit holder.
With the request of the AI, only the amount of KRW 17 million from the victim D and KRW 20 million have been delivered to the AI, and there has not been deceiving the victim D.
Of the facts stated in the judgment below, as to Section 1. B of the "2015 Highest 470" among the facts constituting the crime of the court below, the defendant, who paid excessive costs to the victim D, purchased the Cub car for the convenience of business, and paid KRW 20 million to the defendant, and the defendant borrowed KRW 5 million from the victim D, and the defendant did not deceiving the victim D as stated in the facts of the crime of January 2.
B) As to the fraud against the victim J (Article 2015 (Article 470-2 of the Criminal facts in the judgment of the court below), the defendant introduced AI to the victimJ that the defendant had the right to operate the restaurant, and upon the request of the AI, only delivers it to the AL designated by AI and AI with the introduction cost of KRW 20 million from the victim J, and the installation cost of the brin restaurant, KRW 30 million from the victim J, and there is no fact that the defendant deceivings the victimJ.
C) Regarding the fraud of the victim’s Z (Article 2015 (Article 2015 (3) of the Criminal facts in the judgment of the court below), the amount invested by the defendant from the victim’s Z is about KRW 80 million, and the defendant did not receive the project due to unexpected circumstances when he/she acquired M as the victim Z and conducted the project, such as the victim Z, and the defendant did not receive the money by deceiving the victim Z, and the defendant does not receive the money.
2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, 1) as to the fraud against the victim D.