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The judgment below
Among them, the part of the first offense against Defendant A and the part of the compensation order against the Defendants are reversed.
Reasons
1. Summary of grounds for appeal;
A. Defendants 1) misunderstanding of facts and misunderstanding of legal principles (the Defendants, in the first instance judgment, cannot be deemed to have acquired investments by deceiving the victims in full view of the following circumstances, and otherwise, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
① The Defendants’ company is a company specializing in the sale of the investment principal at a lower price than the successful bid price after receiving a successful bid at the lower price of real estate through an auction. The victims, even though they were well aware of the fact that they may incur losses to the investment principal at a higher price than the successful bid price, they were engaged in the Defendants’ real estate business at the risk of risk of loss to the investment principal in order to obtain a high rate of profits.
Therefore, even if the result of investment did not pay profits, the victims should accept the investment principal, and the Defendants did not agree to return the investment principal to the victims. Thus, even if the Defendants publicize the profitability of the real estate business in the process of attracting the investment principal, and thereby the victims suffered loss from the investment principal, it cannot be said that it constitutes “the loss” of fraud.
② Since the victims agreed to settle the investment and earnings from the sale of specific real estate at the time of their investment in the company, the victims may not request the Defendants to settle the investment and earnings from the sale of such specific real estate until they are sold.
However, since the above specific real estate has not yet been sold due to the economic invasion of real estate, the fact that the investment amount has not been settled can not be a "net" for the victims.
③ The Defendants are the defendants.