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Defendant
All appeals against the defendant A and the prosecutor B are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below's sentence against Defendant A (4 months of imprisonment, 2 years of suspended execution) is too too unreasonable and thus unfair [unfair sentencing] B. The prosecutor's [Defendant B] recommended investment in the victim with the knowledge that Defendant B was a real estate development business entity, and Defendant B's partial change of appeal against Defendant B was confirmed to be false, the court below found Defendant B not guilty [misunderstanding of facts] of the prosecutor's assertion of mistake on February 2, 199 [Defendant B] of the facts charged in this case.
A. As to the joint crime with Defendant A, the summary of this part of the facts charged is as follows: (a) Defendant B conspired with Defendant A on December 2, 2015, in the office of the Victim F (hereinafter “victim”) of Yeongdeungpo-gu Seoul Metropolitan Government building E (hereinafter “victim”) around December 401; (b) Defendant B entered into a provisional contract to purchase land at KRW 27 billion by paying the land to the land owner at KRW 70 million; and (c) Defendant B collected KRW 500,000,000 for each of 50 persons who wish to return to farming.
If an investment of KRW 7 million is made, an office located in Gangnam-gu Seoul Metropolitan Government H that was prepared to take over a farming corporation shall be used together, and the principal shall be fully paid and compensated within one week.
“A false representation was made.”
However, there is no fact that the above real estate was entered into a provisional contract, there is no fact that Defendant A received investments from the applicants for return to farming, and there is no office prepared by Defendant A to take over the farming corporation, and even if Defendant A received money from the victims under the pretext of investment, the victim did not have the intent and ability to use the office in Gangnam-gu Seoul Metropolitan Government H.
The Defendants, on December 29, 2015, via Defendant B’s post office account from the injured party.