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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) An investment of KRW 100 million in the name of the project fund for the Incheon K K land service contract from misunderstanding of facts and misunderstanding of legal principles was made by Defendant 1, who was not only a public prosecution but did not participate in the process, and the Defendant merely received KRW 100 million from H to raise funds for the operation of a corporation. As such, the Defendant did not take part in or conspired with the victim’s fraud.
2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court also asserted the same purport. The lower court rejected the Defendant’s assertion on the following grounds: (i) at the time H et al. received KRW 100 million from the damaged party’s land project funds for Incheon K land project, the explanation was made in the conference room located in the Defendant’s office and was received upon the Defendant’s request from the Defendant; (ii) it is not deemed that H had induced the victim without prior conspiracy with the Defendant; (iii) the Defendant enticed the victim by requesting M; and (iv) the Defendant used the victim’s personal use with KRW 50 million out of KRW 100 million; and (iii) the Defendant did not notify the victim that the Incheon K land project was not normally promoted; and the funds received from the injured party was not used as the land project funds, and thereby, found the Defendant guilty of the facts charged of the instant case by deceiving the victim and acquiring the funds by collusion with H.
In light of the following facts admitted by the court below based on the evidence duly admitted and investigated, the judgment of the court below is just and there is no error of law by misunderstanding the facts and misunderstanding the legal principles.
(1) A defendant shall be injured.