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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. In relation to the violation of the Act on the Regulation of Fraud and Similar Receiving Act against the Victims T (hereinafter “victim”) under Article 2 of the facts of the judgment below, the victim, not by deceiving or lending to the defendant, but by lending money to the members of the fraternity (AJ, AK, AK, AL, AM, andN, etc.). Since the above members invested in the defendant, it is not established a violation of the Act on the Regulation of Fraud and Similar Receiving Act against the Victims.
B. The sentence of the lower court (two years and six months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
2. Determination
A. 1) The lower court’s determination also argued to the same effect as the grounds for appeal, and the lower court determined that the Defendant would pay the principal, including the profit, if the Defendant made an investment in an investigative agency by explaining that the Defendant purchased a heavy Handphone and then exported it to a foreign country.
At the end, the victim stated that he paid money to the defendant four times, and the victim transferred a total of KRW 57,750,000 to the defendant, ② the defendant paid money to the victim several times as principal repayment, including profits, (1) 43,86 of investigation records of the case (2017 senior investigation records of the case 167 senior group 167 senior group 43,86) and ③ the defendant made a statement recognizing the receipt of investment from the victim at an investigation agency (the above investigation records of the case 133 pages) as well as the name and deposit details of the victim in the list of investors and deposits submitted by the defendant. However, the name and deposit details of the victim are not arranged (the above investigation records of the case 140 senior group 140 of the investigation records of the case), ④ the fact that the defendant made several cash custody certificates to the victim (the above investigation records of the case 2nd right 11 of the investigation records of the case).