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The judgment below
Part against Defendant A and part of the conviction against Defendant B shall be reversed, respectively.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair sentencing)’s punishment of the lower court (six years of imprisonment) is too unreasonable.
B. Defendant B1) In light of the fact-misunderstanding and legal principles, the Defendant did not deceiving the victim regarding the use of money, the Defendant’s deception and the victim’s mistake and the disposition following the act of disposal, and the victim’s statement is inconsistent and inconsistent, the victim paid the above money as a down payment for the purpose of giving K construction, and the lower court’s judgment convicting the Defendant of the above facts charged is erroneous by misapprehending the legal principles and misapprehending the legal principles.
In light of the fact that it is difficult for the injured party to obtain payment of money for 30% of the advance payment to the Defendant and the Defendant’s partner company registration and the Defendant’s superior Defendant C, the circumstance leading up to the statement of cash storage certificate, the victim already known about the BK from June 25, 2013, and sent KRW 60 million to the AU and BM on June 25, 2013, in face-to-face and sent KRW 28,00,000 on June 28, 2013, in line with BM’s legal statement about the power of attorney, and the victim’s pen description consistent with the contents of cash storage certificate, the judgment of the court below finding guilty of the above facts charged is erroneous.
The amount paid by the Defendant under Section 2-D of the 2016 Highest 3129 charges is paid as expenses for Defendant’s leave expenses and promotion of projects, etc., and the Defendant did not deceiving the victim.
In 2017 High Order Nos. 1625(1) and 2-2(a) of the charge, the Defendant, by deceiving AU, received money from the victims and delivered it to AU, and there was no intention to deceive victims.
2) The sentence of the lower court’s unfair sentencing (two years and six months of imprisonment) is too unreasonable.