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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts only introduced C to D and delivered the money received from C to D, without deceiving C, and there was no intention to commit fraud because D was believed to receive KRW 90 million and deposit KRW 68 billion. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination:
A. As to the Defendant’s assertion of mistake of facts, the lower court stated that: (a) the victim was introduced through G at the investigative agency and the lower court’s court; (b) on July 26, 2016, when the victim paid fees from G and the Defendant, he/she could foster a large amount of rain funds created by the former president, etc. in the process of managing the funds that he/she collected; (c) the victim’s statement concerning the so-called “ underground funds raising work,” which the Defendant was aware of, and explained by, the fact that the victim was specifically and consistently reliable; and (d) the Defendant also stated that the victim would deposit KRW 68 billion in the victim’s account at the place where the victim became aware of the fact that “the fee of KRW 90 million is deposited in the victim’s account”; and (b) the Defendant merely introduced the victim to D and made a statement that he/she would not have known the victim of the fact that he/she would not have made a consultation with D through consultation with D.
The defendant took charge of all the above tasks, such as consultation with the victim, preparation of a letter of undertaking, and payment of fees, etc., and all relevant documents, such as receipts and written undertaking to perform duties, were prepared in the name of the defendant, and the defendant is an investigative agency.