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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant B 1) In the case of fraud of misunderstanding of facts victim I and E, the court below found Defendant B 1 guilty of all of the frauds against the Defendant, although there was no intention to obtain the victim, since the victims had been given additional loans at the time of each of the instant crimes and completed the registration of ownership transfer in accordance with the terms of the contract, or had the intent to cancel the registration of ownership transfer, and there was no intention to obtain by deception. In the case of fraud of the victim P, the court below found Defendant guilty of all of the frauds against the Defendant. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
B. Defendant A1) misunderstanding of facts did not have conspired with the Defendant B, and concluded a sales contract with the victim P by delegation from the owner of the instant loan from the owner of the instant loan to sell and purchase the instant loan. The Defendant was fully responsible for failure to implement the contract. Although the Defendant did not deceiving the victim, the lower court convicted the Defendant of fraud. The lower court erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (one hundred months of imprisonment) sentenced by the lower court is too unreasonable.
C. In light of the fact that Defendant B had Defendant B use the instant vehicle to Defendant B and later settled the obligation for construction cost and subsequently made the said vehicle to transfer it to Defendant A, the lower court acquitted the Defendant of this part of the facts charged, which was sufficiently recognized by the intent of illegal acquisition. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. As to Defendant B’s assertion of mistake of facts, the criminal intent of defraudation, which is a subjective element of fraud, to Defendant I and E, is the defendant before and after the crime, unless the defendant is led to confession.