사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
However, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of facts 1) In relation to the investment funds listed in the attached Table No. 1 to 3 (hereinafter “the primary investment funds”), the Defendant received KRW 185 million from the victim as the investment funds for G Co., Ltd. (hereinafter “G”), but the Defendant was believed to have low investment value of G and thereby invested the investment funds in H., so there was no intention or deception by deception. 2) In relation to the investment funds listed in the attached Table No. 4 to 9 through 9 (hereinafter “the second investment funds”), the Defendant received KRW 90 million from the victim as the investment funds for Shin Young Co., Ltd. (hereinafter “New Young”), but there was no intention or deception by deception by the Defendant since it was merely used for the operation of I to resolve the financial difficulties of the Defendant’s operation, and there was no intention or deception by deception by the Defendant.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court as to the amount of the investment, the Defendant may fully recognize that the Defendant, even though he did not have the intent or ability to contribute the principal and proceeds to the victim by investing the first amount of investment received from the victim in G, by deceiving the victim to acquire the first amount of investment. Therefore, this part of the Defendant’s allegation of mistake is without merit.
1) On April 1, 2013, a fund investment contract made between the Defendant and the victim states that the victim invests KRW 200 million in I. However, the victim asserts that the victim paid the primary amount of investment to the Defendant for the purpose of investing in G (Evidence No. 132 of the Evidence No. 132 of the Evidence No. 132 of the Record).