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1. The part of the judgment of the court below against Defendant A is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
2. The defendant.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by Defendant A (three years of imprisonment) by the lower court is too unreasonable.
B. Defendant B1 was merely aware that Defendant A lent business funds from the injured party, upon Defendant A’s request, he prepared a fair deed and received money from the injured party, with the knowledge that Defendant A gave a loan to the injured party, and there was no criminal intent of deceiving the injured party as stated in the facts charged in the instant case, nor there was no criminal intent of deceiving the injured party or deceiving the money from the injured party, and there was no crime of fraud with Defendant A and the injured party.
2) The sentence sentenced by the court below to the defendant (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. Determination
A. The Defendant also asserted the same purport as the grounds for appeal in the lower judgment regarding Defendant B’s assertion of mistake of facts.
Based on the facts stated in the judgment below, the court below held as follows: "Judgment on the assertion of Defendant B and the defense counsel (2014 highest 79)", and comprehensively based on the adopted evidence, the defendant, even if not directly proposed to make investments in the scrap metal business to the victim, he/she would make investments in the business of receiving and disposing of scrap metal and disused assets from the victim after he/she knew of the fact that the damaged party received an investment in the scrap metal business from the defendant A and subsequently, knew that he/she borrowed money from the victim, he/she would receive money from the victim, and then, in collusion with the victim A at least by receiving money from the victim.
It received money by deceiving the damaged person;
It is reasonable to view it.
The defendant's argument was rejected.
The following circumstances are added to the evidence duly admitted and investigated by the lower court based on the evidence duly admitted and investigated by the lower court.