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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant (the statement of the summary of each argument submitted by the defendant or his defense counsel after the lapse of the period for filing the appeal is considered to the extent of supplement in case of supplement in case of the grounds for appeal). (1) In relation to the fraud of the victim D (name I after the opening of the statement of the grounds for appeal, land in this case is the land in Yeongdeungpo-gun, Gangwon-gu, and the
On May 3, 2010, some of them were to be sold at KRW 30 million, and the registration of ownership transfer was completed on May 3, 2010. On April 30, 2010, the above victim borrowed KRW 60 million from the above victim and set up a right to collateral security on the land of this case as security. ② With respect to the fraud of the victim G, the victim paid KRW 30 million borrowed on March 19, 2010, and the remainder of the borrowed amount was "the land of this case and the NN land of this case at Won-si."
The lower court’s punishment (one year and six months of imprisonment) is too unreasonable when considering the fact that the amount equivalent to the money obtained by deception was distributed through an auction procedure, such as creating a collateral security right against the victim D and G, and there was no intention to commit fraud. B. The lower court’s use of the victim C in order to attract more investors, and is not actually involved in the management of the company, and considering the fact that part of the amount paid by the victim was simply borrowed, and the real estate provided as collateral was not worth worth being secured, the victim, who was an intermediary in the planning real estate containing multi-stage elements, constitutes an investor as the victim, in relation to the Defendant, who was the last responsible person.
In consideration of the fact that the amount of Dobble fraud is considerable, the court below's punishment is too unfeasible and unfair.
2. Determination
A. The Criminal Procedure Act of the Republic of Korea is an element of the trial-oriented principle to determine the assertion of mistake of facts.