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Of the judgment of the court below of first instance, the guilty part against Defendant B and the judgment of the court of second instance shall be reversed.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. The first instance judgment (Defendant B and Prosecutor) had the intent to repay and the ability to pay money from the victim G of misunderstanding of facts at the time of receiving money from Defendant B (Defendant B and Prosecutor) and did not deceiving the victim.
B) In order to constitute an act of receiving money from many unspecified persons should be recognized. The facts charged as to the violation of the Act on the Regulation of the Act on the Regulation of Conducting Fund-Raising Business without Permission are as follows. Since G had engaged in money transactions in the past, it cannot be viewed as an unspecified person, and it does not constitute a large number of people. Therefore, the court below found the Defendants guilty of the fact that the Defendants were aware of the fact that they had obtained funds by deceiving financial institutions as if they were to prepare the sales contract by the so-called “investment sale” method, and then they were included in the crime of the above sales contract in the name of K in this case, and that the Defendants could not resell the above sales contract in fact at normal times after receiving the above sales contract from J, even if they could not resell the contract without permission or ability to do so, the court below determined that the Defendants were guilty of the facts that the Defendants received funds from the victims of K without permission under the name of the victim of the above sales contract and the fact that the Defendants had used the sale contract under the name of the transferor.