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The judgment of the court below (excluding the part of the compensation order) shall be reversed.
Defendants shall be punished by imprisonment for one year and six months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. In fact-finding (Defendant B), Defendant B recommended the victim H, K, and G to purchase the real estate owned by Defendant A or the development of the above real estate was underway, there is no doubt that the land price increase rapidly, and there is no error of misunderstanding of facts in the judgment of the court below that found Defendant B guilty despite the absence of the fact of receiving the consideration for introduction from Defendant A.
B. The sentence imposed by the court below on the Defendants (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Defendant B’s assertion of mistake of facts was duly adopted and examined by the lower court and the following facts and circumstances acknowledged based on the evidence, namely, ① the victim H was a real estate expert in the court of the lower court where: (a) the Defendant B saw the land as one of his own; and (b) the Defendant A was a real estate developer in the real estate development business; (c) the Defendant B was also in the introduction of the Defendant A; (d) the Defendant B did not have any doubt as if he had sold the land of KRW 100 million. At the time, the Defendant B was also deemed to have invested within two to three months, and the Defendant B was also a person who introduced the land and gave money.” (e) the victim K was the victim K was a person who introduced the land to Defendant A and gave money.
Defendant
B The land was cut off as it was, while putting the land into the same place, and during that period, I introduced a lot of land from Defendant A, and have collected money of more than 2 billion won.
Defendant
A is a real estate development business entity.
The land shall be located within several months and the benefits shall be left double.
There is a good land at this time.
Russus Lussus.
KC also made it possible to pay money from the side of KC to pay money.
The defendants are well aware of the head of Si/Gun with the permission of apartment.