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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts (not guilty part), the defendant is a victim M forest (hereinafter “the forest of this case”) at the time of truth-finding.
The court below, which found the Defendant not guilty of this part of the facts charged, has an error of misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence imposed by the court below in sentencing and light of sentencing (one-eight months of imprisonment) is too unfortunate and unreasonable. The above forest is so unreasonable that the above forest is too unfortunate.
B. The above sentence imposed by the court below is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. On December 8, 2016, the summary of this part of the facts charged stated in the judgment, the Defendant stated that “The AF will be developed on a scale of 3,630,000 square meters for the forest land of this case, and if 20 square meters are set up at the latest at 2-3 years after the opening of 20 square meters, it would be possible to increase profits by going more than 5 times the market price at the latest at the latest at the end of 2-3 years. In addition, the Defendant would reduce 1,200,000 won per month at every 1.2 million won at every month at the company’s office, and will be 1,440,000 won per month at the end of 1 year, and will be able to work at the company of Do.”
However, there is no reason to say that the sale price per square year was 470,000 won and 5 times the amount was 5 times. The Defendant and E did not own or purchase L real estate and forest land in this case at the time, and even if they concluded a sales contract with the victim due to lack of funds to purchase the above real estate, they did not have the intent or ability to transfer the ownership of the above real estate to the victim normally.
Nevertheless, the Defendant makes a false statement to the victim and belongs to this case from the victim.