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All judgment of the court below shall be reversed.
Defendant
A Each judgment in the first instance judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s misunderstanding of the facts of Defendant A(1) and each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was committed against Defendant A, and Defendant A had the intent and ability to lend the acquisition fund of M Co., Ltd. (hereinafter “M”) and CO (O) to the victim K Co., Ltd. (hereinafter “K”), but M’s underwriting contract was executed by the seller after changing the seller’s own contract terms and conditions, and the O’s underwriting contract was executed by the bond company with the intent to commit a criminal intent to acquire the acquisition fund. However, Defendant A was guilty of this part of the facts charged. The judgment of the court below erred by misapprehending the facts of the first instance judgment.
(2) The Defendant A did not deceiving the Victim BE, did not cause damage to the Victim BE or BD, and the actual victim was BT who lent money to the Victim BE or BD, but the lower court convicted the Defendant of this part of the facts charged. The lower court erred by misapprehending the facts of the lower judgment.
B) The sentencing of each of the lower courts against Defendant A, who was improper in sentencing, is too inappropriate.
2) The first instance court’s sentencing against Defendant B is too unreasonable.
B. Comprehensively taking account of the evidence submitted by the prosecutor, such as misconception of the facts, the court below found Defendant B not guilty of this part of the facts charged, even though it was sufficiently recognized that Defendant A’s remittance of KRW 950 million transferred from Victim K to Defendant A according to Defendant A’s order to assist in committing a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes).
(ii)..