사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. Summary of grounds for appeal;
A. Defendant 1) As to the fraud part of the victim G by mistake and misunderstanding of the legal principles, the Defendant did not have the intention of defraudation, and with respect to the fraud part of the victim K, the Defendant merely stated that “the Defendant made an investment of KRW 300 million in Q Q,” and there was no fact that “the Defendant would make an investment of KRW 300 million in operating Q Q,” and that “the Defendant would make an investment of KRW 300 million in operating Q,” and even if there was no private road for defraudation,
2) The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles
A. In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court as to the assertion that there was no intention to acquire the victim G, namely, the Defendant was not good at the time when the Defendant had been possessed, and the principal and the profits of the said victim and other investors were excessive, and the Defendant used the money actually received from G as a substitute for the existing investment funds, and the Defendant was also frightening his own refeasible power at the time of the instant crime, the fact that he received the money as stated in the judgment by deceiving the victim G by deceiving him at the time of the instant crime can be fully recognized.
Therefore, the defendant's misapprehension of facts and misapprehension of legal principles are without merit.
B. The following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below as to the assertion that there was no intention of deception and deception against the victim K, namely, the victim K invests 300 million won from the investigation agency to the court of the court below.