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The judgment below
The guilty portion against the defendant shall be reversed.
Section 2- at the time of the original adjudication of the defendant
(a)an offence; and
Reasons
1. Summary of grounds for appeal;
A. The Defendant, A, and C (hereinafter “Defendants”) committed an act of fraud in light of the fact that it did not transfer the ownership of AY, AX, and AZ to the victimN, and that the Defendants acquired the ownership of AY, AX, and C (hereinafter “Defendants”) by deceit, even though the security for the obligation of KRW 4 billion was already established on the pented site, and the sale of the site was uncertain.
NN was granted a loan under the knowledge of the Defendants’ financial difficulties, and if the Defendants knew that the agreement was not observed, it would not be granted a loan. Therefore, it is also recognized that NN was absent from mistake such as the facts charged.
B. Defendant B (i) misunderstanding the fact that the Defendant borrowed KRW 2 million on June 23, 2009, KRW 200 million on July 4, 2009, KRW 3 million on July 8, 2009, from Defendant B, however, in light of the fact that the parties who traded more than one billion, are the small amount of transactions exchanged and traded, and thatN was well aware of the economic situation of the Defendant, the criminal intent of defraudation cannot be recognized.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of this part of the facts charged.
Dob. The sentencing of the lower court on the sole basis of unreasonable sentencing (eight months and two months) is too unreasonable.
2. Determination on the prosecutor's grounds for appeal
A. The summary of this part of the facts charged is as follows: (a) from June 201 to December 201, the Defendants conspired in collusion with the Defendants, and (b) from June 2011 to December 201, “In order to adjust the loans, etc. for the penta Corporation with the loan of the penta site as security, we will pay not only the lender but all the incidental expenses within six months if they lend the debtor’s name.” (c) At the latest, the said AZ land owned by C will be transferred to the lender and all the incidental expenses.”