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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Of the instant facts charged, the lower court acquitted the victim J, M, and S of fraud, among the instant facts charged, on each of the following facts: (a) 2012 Highest 297 cases; (b) 2014 Highest 1986 Fraud; (c) 2014 Highest 2014 Highest 2374; (d) 2015 Highest 563 Fraud; (b) guilty of fraud against H and I among the 2012 Highest 297 cases; and (c) 2014 Highest 2761 fraud.
The Defendant appealed on the grounds of mistake of facts on the whole guilty portion and unfair sentencing, and the Prosecutor appealed on the guilty portion on the grounds of unfair sentencing, on the grounds of mistake of facts as to the acquittal portion on the fraud of 2014 Highest 2761, but on the grounds of mistake of facts, the Prosecutor’s failure to appeal as to the fraud of H and I among the cases of 2012 Highest 297 cases, so the scope of party members’ judgment is limited to the fraud of AX among the entire conviction portion and the acquittal portion.
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts: (a) in the case of 2012 Go-Ma297, H and M practically embezzled money in intermediate ways; (b) H, who was not the Defendant, did not have any intent to deceive the Defendant; and (c) lending money to the victim S in the case of 2012 Go-Ma297, the Defendant was merely a mere borrowing relationship. (c) Of the case of 2014 Go-Ma1986, the Defendant did not commit a deceitful act related to the acquisition of the AA theme park in Jeju-do. (iv) Of the case of 2014 Go-Ma1986, it was a legitimate investment act that delivery of KRW 100,00 to the Defendant through AH was merely a lawful investment act. (v) The Defendant’s 2015 Go-Ma563 fraud was not a mere borrowing of property by deceiving the victim and not a mere borrowing relationship with the Defendant’s property. (v) The suspension of the execution of the execution of the sentence of imprisonment of two years (2 years).
(b) Prosecutor 1) mistake of facts (2014 highest 2761 fraud) and the defendant was delivered from AX.