사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. (1) On December 27, 2012, the Defendant and the victim entered into an agreement with the victim to make an investment of KRW 400 million in stocks and golf course businesses (hereinafter “instant investment agreement”) and distribute profits therefrom (hereinafter “the instant investment agreement”). On the same day, the Defendant and the victim received KRW 294 million from the victim and invested in all of the shares pursuant to the said agreement, and paid KRW 100 million from the victim through G around January 7, 2013, and invested KRW 50 million in the golf course. After the Defendant and the victim agreed to convert the said KRW 40 million into loans, it cannot be deemed that the Defendant had the intent to acquire the instant investment money.
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, it can be sufficiently recognized that the Defendant had the intent to acquire the investment money of this case at the time of entering into the instant investment agreement.
(3) In light of the above legal principles, the Defendant’s use of the investment agreement of this case constitutes a crime of fraud of this case, even if the Defendant used the investment agreement of this case in accordance with the investment agreement of this case, the Defendant agreed to the investment amount of KRW 400 million, and the Defendant used KRW 294 million received from the victim. This part of the Defendant’s assertion cannot be accepted.
(1) The aggrieved party shall be a specialist in stock investment through G on December 26, 2012 after the date of damage due to stock investment.