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All judgment of the court below shall be reversed.
Defendant
A Imprisonment for six years, Defendant S, Q and R shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant A did not have the intent of deceiving the victims of the instant case, and did not play a role to the extent that it constitutes a functional control required for the requirements of co-principal. In other words, the said Defendant was G Co., Ltd. (the representative director is A’s wife BF).
hereinafter referred to as "G"
A) As a substantial operator, H Co., Ltd. (hereinafter “H”) is a planning real estate company operated by I (Death on April 30, 2013) (hereinafter “H”).
After concluding a contract with a sales agency contract, the issue of the purchase of access roads, the construction of roads, the division of land, etc. was entirely responsible by I. The above defendant merely listened to the explanation on the sales business of this case from I and received the commission according to his demand and direction. Nevertheless, the court below found the defendant guilty of the above defendant, which erred by misapprehending the legal principles on the criminal intent of defraudation or deception, thereby affecting the conclusion of the judgment. 2) The defendant S, Qu, and AR did not have any criminal intent of defraudation, and did not deceiving the victims.
In other words, the above Defendants, as the team leader of G, did not participate in the instant sale plan or fund management as the team leader of G, but believed the information and educational contents provided by I, Defendant A, etc. as they are and performed the affairs of sales agency according to its instructions.
In addition, even when the above Defendants were at the time of performing the affairs of the sale agency, it is possible to sell the land to the victims by means of the division of land and the registration of division through the settlement procedure prior to the filing of the lawsuit. However, since it became impossible to sell the land of the electric source because the Ordinance of the Young City was changed in order to make it impossible to register the division of the
Nevertheless, the court below convicted the above Defendants.