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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) was unaware of the fact that Defendant B had no intent to deceive I.
(2) The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.
B. Defendant A (1) The supply of the U.S. military unit is a normal document issued by the U.S. military, and Defendant A did not deceiving I.
(2) The sentence of the lower court’s improper sentencing (two years of imprisonment with prison labor for one year suspension, two years of community service order, 160 hours) is too unreasonable.
2. Judgment on the Defendants’ assertion of mistake of facts
A. Defendant B, based on the evidence duly adopted and investigated by the lower court, indicated as follows: (i) Defendant B: (a) prepared separate KRW 150 million to Defendant B, stating that “A would pay the down payment of KRW 300 million for the supply and collection joint contract with the audience and the audience,” and (b) received KRW 150 million from I to use as the down payment; (c) Defendant B did not have any property or income for a short period of up to KRW 150 million; (b) Defendant B used KRW 150 million for personal debt, living expenses, and old currency-related investment funds received from I; and (d) Defendant B did not have any authority to receive the down payment from the Defendant B without having been aware of the fact that the said KRW 150 million was to be used for the above purposes; and (d) Defendant B was not subject to punishment for breach of trust, and thus, Defendant B was not subject to punishment for breach of trust.