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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In collusion with B, the Defendant did not deceive the victim and did not intend to commit the crime of deception.
B) The Defendant did not deceiving the victim F, and the remaining KRW 52,30,000,000 excluding KRW 3,300,000,000,000, out of the amount obtained by deception 55,60,000 does not have been received from the victim. 2) The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.
B. The Prosecutor’s sentence is too unhued and unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it can be sufficiently recognized that, even if the Defendant conspired with the victim B to receive money from the victim as a scrap metal, he/she did not have the intent or ability to remove the victim and scrap metal, by deceiving the victim and deceiving the victim in sum KRW 35 million, and at the time, he/she had the intent to commit the crime of defraudation.
1. The victim is the victim from the investigative agency to the court of the court below's trial. The victim is the victim's real estate of this case from L, three lots and its ground buildings (hereinafter referred to as "the real estate
In order to purchase the existing factory and remove the existing factory and to construct the new housing complex, the defendant and B together have been presented as to whether the existing factory removal works will not be dismissed.
The Defendant and B displayed the sales contract of the instant real estate that the Defendant purchased the instant real estate at the same place, but the buyer column of the said sales contract stated the personal information of the Defendant, and thus, he/she would be responsible for the removal work of the factory, so the construction cost is settled as the cost of the scrap metal generated from the removal work, and instead, he/she first requested the down payment of the scrap metal.
He shows the above sales contract that he shows to the defendant B.