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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to Defendant (1) misunderstanding of facts (A) 2013 Highest 265 part (victim T part) V, a person who borrows KRW 20 million from the victim T is not the Defendant.
The defendant borrowed money from the victim T to be accompanied by V, F, and only 8 million won was remitted from the victim T to the victim that V would repay F's debt.
The defendant is not guilty of deceiving the victim T in collusion with V, and he is not guilty of deceiving 20 million won exceeding 8 million won.
In relation to the sole criminal part, the Defendant actually carried out the business of exporting air-conditions and borrowed KRW 10 million from the victim T with the expenses, so it is not a deception for the victim T.
(B) The Defendant prepared an office for the Defendant (victim F) and actually carried out the unsold apartment sales business by entering the office for the purpose of having a friendly relationship with K, which is an investor of Japan.
Victim F was a partner who is not a simple investor in an unsold apartment purchase business.
The Defendant did not instruct A to deceive the Victim F as stated in the facts charged in this part, and the Victim F was paid money after checking all the corporate circumstances and the degree of progress of the business. Thus, the Defendant did not deceiving the Victim F.
(C) The Defendant, in fact, acquired AA through AF, etc. and actually entrusted the landscaping project to U.S., but the AF died on the ground that the said project was nonexistent.
The defendant is not deceiving the victim U.S.
(2) The respective sentence of the lower court on unreasonable sentencing (two years of imprisonment and six months of imprisonment with prison labor for the part on the 2013 Highest 265 and 1670 Highest 20) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of facts, the lower court is legitimate in regard to (1) part 2013 Highest 265 (victim T part).