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The judgment below
The part against the Defendants is reversed.
Defendant
W. In 8 months of imprisonment, the defendant X shall be sentenced to six months of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The Defendants did not know that there was a deposit balance certificate of KRW 71.9 billion in the account in the name of AD (hereinafter “instant balance certificate”) and did not conspired to commit fraud. ① Defendant W requested the victims to provide a bank balance certificate to Co-Defendant A upon request. ② Defendant X received three copies of the bank balance certificate from AD in order to purchase the land necessary for the real estate implementation project, and sent it to Defendant Y upon receipt of the bank balance certificate. Defendant X received the one copy of the instant balance certificate, and Defendant X received a deposit balance certificate from the victims, and Defendant X received it was unaware of the fact that Co-Defendant A received the fee from the victims. ③ DefendantY delivered the instant balance certificate in the name of Co-Defendant AD, which was brought about by Defendant X in the course of mediating real estate transactions.
B. Each sentence imposed by the lower court on the Defendants (two years of suspended execution, 120 hours of community service order, 2 years of suspended execution, 120 hours of community service order against Defendant X, 2 years of suspended execution, 120 hours of community service order, and 2 million won of fine against DefendantY) are deemed unfair, respectively.
2. The judgment of this Court
A. As to the assertion of mistake of facts, in light of the following circumstances, which can be seen by the evidence duly admitted at the court below and the court of the trial, Defendant W and Co-Defendant A have no intent or ability to seek the passbook in the name of AD with a deposit balance of at least 60 billion won, despite the lack of intent or ability to seek the passbook in the name of Defendant W and Co-Defendant A, the above agreement to seek the above passbook by presenting the balance certificate to the victims (hereinafter “instant agreement”).
b. b. c.