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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of the facts) ① The Defendants introduced the victim U and Y forest in X (hereinafter “Ocheon Q”) at the time X (hereinafter “Ocheon Q”) with a high product value, and had the victims sign and seal a sales contract with respect to V or Z by using the victim’s free will and care. As such, the Defendants conspired to deceive the victims.
② The victims deposited into the corporate account of T (hereinafter referred to as “T”) shall be immediately withdrawn and used in full as repayment of the existing debt or operating expenses, etc., and Defendant A also borrowed a mother-and-child amount.
In light of the financial situation of T, including the statement, the Defendants were unable to acquire the X ownership and transfer it to the victims even if they received the sale price from the victims at the time of concluding the real estate sales contract with the victims, and thus, the Defendants conspired to deception the victims.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is difficult to view that the Defendants deceptioned the subject matter of sale against U and Y, in addition to the circumstances stated by the lower court in detail.
The conclusion of the court below is just, and there is no error of law by misunderstanding facts and affecting the conclusion of the judgment.
Therefore, this part of the prosecutor's argument is without merit.
① U was introduced from AG and Defendant B to V at the spring of 2012, and purchased V.
“I stated to the effect that it was “(1 :8,36,350 of the investigation record)” and “I wish to purchase the investigation record upon introducing X from Defendant B, but the Defendants arbitrarily prepared a written contract for the trading of V and completed the registration of V.
“The statement to the effect that “” is made (the 322th day at a public trial) and the statement to the effect that this part of the deception is made.