The court below found the defendant guilty of the facts charged of this case, even though it did not deceiving the victims and did not take money into consideration, and did not take money from the victims for the purpose of attracting investment funds for Cambodia's New Urban Development Project. The defendant actually performed the work of attracting investment funds and used the money borrowed from the victims as expenses for inducing investment funds.

2. The lower court found the Defendant guilty of the facts charged in the instant case by taking account of the circumstances acknowledged by the evidence duly admitted and investigated. In full view of the circumstances, such as the statements adopted by the above evidence, and other circumstances as described below, the lower court’s determination is justifiable, and there was an error of misconception of facts, contrary to the allegations alleged above by the Defendant.

subsection (b) of this section.

① Around July 22, 2013, the victim D and F had a copy of the check of USD 50 million kept by the Defendant, victims, and F around the due date.

In light of the fact that the Defendant made a statement in 2016 after the occurrence of the instant case, the Defendant presented to the victims a copy of the high-amount check (Evidence No. 81-87 of the evidence record) and explained to the effect that it can secure the investment money, etc., the Defendant appears to have presented a copy of the high-amount check to the victims as he borrowed money from the victims and has already secured the considerable amount of investment money.

(2) The Cambodian Urban Development Project was promoted from around 2008, but investment money has not been provided, and thus, the defendant receives money from the victims.