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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. In full view of the prosecutor’s summary of the grounds for appeal, the statement, recording, corporate disclosure data, statement of financial position, profit and loss statement, etc. of the Defendants and victims, the court below acquitted the Defendants on the charge of deceiving the victims, even though the Defendants stated that the hotel of this case is operated as a black person even though the hotel of this case was operated as the enemy, the court below acquitted them. Thus, the court below erred by misunderstanding of facts and misunderstanding of legal principles
2. Determination
A. The summary of the facts charged in this case is the chairperson of the Dispute Resolution Co., Ltd., a proxy driving company, who operates several corporations, such as the Dispute Resolution D, the Dispute Resolution E, and the Credit Resolution F, and Defendant B is the general manager of the "G hotel" (hereinafter referred to as the "instant hotel") operated by the Dispute Resolution D as a general director of the Dispute Resolution D.
Defendant
A around March 2013, after purchasing and operating the instant hotel in Ulsan-si H in Ulsan-si, Ulsan-si, for KRW 3.6 billion, however, as a result of the deficit operation each year, Defendant B, who had worked for a long period of time at the hotel, was granted to the above general manager of the hotel, and was in charge of operating the hotel. However, as it is not likely that the business performance will be improved, A conspired to sell the said hotel as if Defendant B and the above hotel were an operator of the black.
According to the above public offering, around November 6, 2016, Defendant B made a visit to purchase the said hotel at the hotel shop at the first floor of the instant hotel, with sales exceeding KRW 200 million per month. Of the employees’ pay, approximately KRW 5,60,000 per month deducted approximately KRW 10,000 per month from KRW 5,00 per month to KRW 60,00 per month as electricity tax and management fee, and approximately KRW 6,70,00 per month from KRW 6,00 per month for the purchase of food materials. The sales of the last month are calculated at least KRW 20,00 per month even at the time of non-water-on-on-fishing, and the sales of the same month even at the time of the past month are calculated as above. This is superior to this.