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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
The defendant of the mistake of the gist of the grounds for appeal by the counsel was aware of the fact that he had no intention of deceiving the victims with knowledge that it would be difficult to develop the industrial complex and that he would develop H and S Japan into an industrial complex.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of all the facts charged of each of the instant fraud.
In light of the fact that G acquired and used both of the instant criminal acts, and the Defendant invested approximately KRW 280,000 to G but did not receive a return, and there was no record of criminal punishment exceeding the fine, the lower court’s sentence sentenced to one year of imprisonment is too unreasonable.
Judgment
The Defendant alleged that the reasoning of appeal is identical to the allegation in the judgment of the court below. Of the facts charged in the instant case, the court below also argued that the Defendant would be liable for the return of KRW 100 million to the victim I by December 2010. The Defendant knew of the terms and conditions stated in the sales contract by mediating a sales contract with the Co., Ltd. E and F Co., Ltd., and G., and that the said sales contract was 3.4 billion won, and the down payment amount of KRW 4 billion and the intermediate payment of KRW 2 billion, among the down payment and the intermediate payment of KRW 4 billion, shall be paid by the F Co., Ltd., and succeeded to the financial right loan obligation of KRW 94 billion for the purpose of G intermediate payment, and the Defendant did not permit the development of the project site of HJ in the instant case, and the Defendant did not know that G was able to bear the interest of KRW 94 billion for the purpose of intermediate payment.