The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B.

1. Summary of grounds for appeal;

A. The lower court’s sentence against the illegal Defendants (eight months of imprisonment) is too unreasonable.

B. Defendant B: The Defendant merely received money from A for business relations and conspired with A to attract coffee shop to the department store in collusion with the victim.

There is no fraudulent fact.

Nevertheless, the judgment of the court below which recognized the joint principal offender A and fraud against the defendant is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2) Defendant A: The Defendant had the ability to attract coffee stores to the department stores in fact.

Since trust and good faith, B and the victim are provided to B with the money received from the injured party for the purpose of the Loviation, the defendant is merely belonging to B, and there is no intention to deceive or defraud the injured party in collusion with B.

Nevertheless, the judgment of the court below that recognized the joint principal offender B and fraud against the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Judgment on Defendant B

A. As to the assertion of misunderstanding of facts, Defendant B also argued to the same effect as the assertion of misunderstanding of the above facts, and the lower court rejected the above Defendant’s assertion by providing detailed reasons for its determination.

In the circumstances indicated by the lower court, the following circumstances acknowledged that Defendant A’s partial statement made in the trial of the evidence duly adopted and examined by the lower court, and the witness D’s witness D’s statutory statement, i.e.,: (a) Defendant B, despite denying a public offering relationship with Defendant B; (b) did not explain from around November 201 to A, the reason why the victim wishing to set up a coffee store store store store as a branch of the G department store as well as A, along with A and K, at the I hotel coffee shop around November 201; and (c) did not explain from around January 2012 to A that he first received large amount of money from Defendant B (which is so claimed by Defendant B).