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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. The Defendant, in collusion with H, did not commit the crime of fraud.
The defendant merely received money from the victims for a business to raise the Non-Real Name Fund by deceiving N, and does not receive money from the victims.
B. The first deliberation penalty (one year of imprisonment) for the sentencing is too unreasonable.
2. Determination:
A. The following circumstances acknowledged by the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, namely, ① the Defendant and H shall pay the victims the principal and interest within 10 days from the receipt of fees, etc. when lending the money necessary for the laundry of the NIS to the victims.
The borrowed money was borrowed, but there was no money laundering by the NIS, and ② the Defendant was introduced to the victims by the former chief of the police station as a vice-chairperson. ③ At the time, the Defendant did not have any specific production, ③ there was no ability to pay the principal and interest to the victims, and there was no actual repayment even after the loan was borrowed. ④ Nevertheless, if the Defendant lent the money necessary for the money laundering of the NIS to the victims as stated in the facts charged, the principal and interest will be paid within 10 days.
In full view of the fact that the victims received money from the victims, the defendant can sufficiently be found to have committed the crime of fraud, such as the crime of the first instance judgment, in collusion with the defendant H, as in this part of the facts charged.
Therefore, Defendant’s assertion of misunderstanding of facts cannot be accepted (the Defendant, at the time, may assist the apartment business executed by the Party on the face of seizure, with an account with an amount of KRW 500 billion attached from N, and may help the apartment business executed by the Party on the face of seizure). It is believed that it is money from the victims.