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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years, and for one year, for Defendant B.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. In the event that Defendant B received full payment of KRW 1,380,000,000,000 agreed from R as the purchase price of land, Defendant B was able to resolve all the issues of provisional attachment, probationary mortgage, tax issues, and cemetery funeral issues, and transfer the full ownership to R.. However, it was an issue after R became aware that an additional provisional attachment was made on the said land, and only the contract was not implemented. Accordingly, Defendant B did not receive money by deceiving R from the beginning to or with intent to commit fraud. Nevertheless, the lower court found Defendant B guilty of this part of the facts charged, which affected the conclusion of the judgment. (2) In so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. (3) The imprisonment (one year and six years of suspended execution) sentenced by the lower court on the Defendant B is too unreasonable.
B. Prosecutor 1) Meritorious of facts (not guilty part against the Defendant) The instant clan G of this case (hereinafter referred to as “the clan”).
(2) The lower court determined that the Defendants were not guilty of the charges of giving property in breach of trust and giving property in breach of trust, and that the Defendants were not guilty of the charges of giving property in breach of trust. Therefore, the lower court erred by misapprehending the facts and adversely affected the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment, and thereby adversely affecting the conclusion of the judgment. In so doing, the lower court did not err by misapprehending the legal doctrine on unreasonable sentencing, thereby adversely affecting the conclusion of the judgment. In so doing, it did not err by misapprehending the legal doctrine on unreasonable sentencing, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.