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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (the factual error) demanded KRW 100 million to give the victim the right to remove the land as collateral, and Defendant B demanded KRW 50 million to provide the land as collateral and acquired KRW 150 million from the victim by fraud. In addition, the Defendants had a clear role allocation among the Defendants, as well as through L, M, N, or telephone communications, and thus, there is also a conspiracy of facts.
Nevertheless, the court below found the Defendants not guilty of the facts charged in this case on the grounds that there is no evidence to acknowledge that the Defendants conspired. The court below erred by misapprehending the facts and affecting the conclusion of the judgment
2. Determination
A. From May to June 2009, Defendant A, at the H office in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and the second floor, Defendant A, Defendant B, who was aware of such circumstances through L, M, and N, actually owned three parcels of land from the P hospital of 201 to the above J on July 2, 2009, “The actual price of the land is KRW 950 million and KRW 50 million is KRW 50,000,000,000,000,000,000,000 won.”
However, the fact that the project was not implemented because the project was not finalized with respect to K's large redevelopment project at the time of Sistitu, and there was no acquisition of any right related to the project by the defendant A as one of the stock companies, which is the execution company of the project at issue, and therefore, the intention or ability to allow anyone to remove the building and to collect the scrap metal accordingly.