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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants did not deceiving the victim as shown in the facts of the crime in the judgment of the court below, and Defendant B believed the horses of Defendant A, her husband, and introduced the victim to Defendant A, and there was no intention to commit the crime of deception.
B. Each sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence, one year of suspended sentence, two years of suspended sentence, two years of suspended sentence, and one hundred and sixty hours of community service) is too unreasonable.
2. Determination
A. The reasoning of the lower court’s judgment as to the assertion of mistake of facts is as follows, and the Defendants alleged that they were planned to transfer new stocks issued through capital increase to the victim, etc., which is, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court. However, the Defendants conspired with the victims, such as the amount of damage inflicted by the victim, and the amount of investment funds received from I, K, and J, not the capital preparation for the capital increase, and the Defendants’ living expenses, etc., in full view of the facts that the Defendants consumed all of the investment funds received from the victim, not the amount of damage inflicted by the victim, but the operating expenses of the LAD and the Defendants’ living expenses. In so doing, the Defendants conspired
I would like to say.
Therefore, the judgment of the court below which found the defendants guilty of the facts charged of this case is just, and there is no error of law by mistake of facts as alleged by the defendants.
B. According to the instant argument and record on the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the grounds for sentencing alleged by the Defendants, and there is no special circumstance to ex post facto change the sentencing.
3. In conclusion, the Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.