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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
The defendant (e.g., imprisonment with prison labor for six months) is too unreasonable.
In full view of the fact that the defendant's economic situation was not good around 2013 due to a mistake of facts in the facts and that the defendant did not experience in the past, even though he did not experience in a large-scale farming company in the past, he did not use the invested money individually from the victim, and that the victim was not informed or paid all of the profits from cultivating the free will, the court below found the defendant not guilty (as stated in the facts) even though it could sufficiently recognize the defendant's intention of deception and fraud, there was an error of misconception of facts.
The above-mentioned sentence of the court below on unreasonable sentencing is too uneasible and unfair.
Judgment
The lower court determined as follows on the gist of the lower judgment on the prosecutor’s assertion of mistake.
① Taking into account the following facts: (a) the Defendant invested in the Defendant’s non-agricultural company; (b) the Defendant agreed to receive profits; (c) the Defendant was actually a non-agricultural company; (d) the Defendant paid a considerable amount of money in terms of land, personnel expenses, purchase expenses, etc.; (c) the 2013 Amypted; (d) the Defendant was unable to ship without compensation due to the absence of market price; (e) the Defendant sold without compensation due to the lapse of harvest period; (v) the Defendant shipped without compensation to J; and (v) the Defendant appears to have not concealed the fact of shipment; and (vi) the payment received after sending it to J appears to have not accrued profits if the cost of shipment is deducted, it is merely deemed that the Defendant did not have a farmer under an agreement with C but did not distribute profits to C.
The facts charged that the defendant, though there is no intention or ability to distribute profits to C, defrauds money by deceiving C shall not be recognized.