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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The facts constituting the crime of mistake of facts in the judgment of the court below do not specify the Defendant’s deception, and the Defendant was actually invested in the sale right by receiving the investment money from the victims, but the real estate market did not pay the investment money and the proceeds, and thus, the Defendant did not have the intent to commit the crime of deception, the judgment of the court below which found the Defendant guilty of each fraud against the Defendant, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment, and the sentence of unfair sentencing (four years of imprisonment)
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the Defendant asserts that the Defendant did not specify the Defendant’s deception in the facts constituting the crime as indicated in the lower judgment. However, in the criminal facts as indicated in the lower judgment, the case was that the Defendant purchased a commercial building sale right or a right to sell a lot of houses and a right to sell a lot of houses and a right to sell a lot of houses and a right to sell a lot of houses, and entices the victims as if the Defendant were to pay the investment principal and profit although the Defendant did not have an intent or ability to pay the investment principal and profit. The case was that the Defendant entices the victims as if the Defendant did not have an intent or ability to pay the amount of money even if the Defendant borrowed money from the victim, and that the case did not misleads the victims as if the Defendant did not have an intent or ability to pay the investment money and profit even after receiving the investment money from the victims, and that the Defendant could not be seen as deceiving the victims as having not been aware of such intent or ability. 2) and the following circumstances, including the evidence adopted by the lower court.