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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for three years.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts (the part of the charge) did not actively deceive the victims because the Defendants did not actually engage in the I’s commercial sales business, and the lower court found the Defendants guilty of this part of the charges on the basis of the statement of the victims inconsistent. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) In light of all the sentencing conditions of the instant case, the lower court’s punishment against the Defendants (the Defendant A: two years and six months of imprisonment, the suspended execution period of three years, the suspended execution of one year of imprisonment, and two years of suspended execution) is too unreasonable.
B. According to the evidence submitted by the prosecutor (Defendant A) by the prosecutor of mistake of facts (not guilty part) and the prosecutor submitted, even though the defendant A could sufficiently recognize the fact of deceiving the victim F, G, and H by deceiving him even though he did not have the intent or ability to repay, the court below acquitted the above victims of this part of the charges, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment. 2) In light of all the sentencing factors of the case of unfair sentencing sentencing, the court below's sentence against the defendant A is too uneasible and unfair.
2. Prior to the judgment on the grounds of appeal by the Defendants and the Prosecutor, the prosecutor examined the case at the discretion prior to the judgment on the grounds of appeal by the Defendants and the Prosecutor, and the prosecutor entered into a contract with Defendant A to invite the victims to sell in lots at the price of KRW 80,00,000,000 for the second floor of Q shopping mall and sell the second floor to the victims F for KRW 80,000,000,000,000,000,000 won. However, F did not seem to have been a real condition. Around February 2005, the prosecutor entered into a contract with the victims G to sell 10,000,000 won of the second floor of Q shopping mall to KRW 80,000,000,000.
In this respect.