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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal (the factual error and misapprehension of legal principle, and unreasonable sentencing)
A. 2017 Highest 8334, 2018 Highest 1321: The Defendant is merely a person who has committed an act of trusting and working for the words U.S. and AB of the attached Table of I Farming Cooperatives; thus, the Defendant was merely a representative of the business of the said Union without the intention of deception (de facto mistake), and is merely a representative of the business of the said Union, and does not engage in an act of receiving the investment in the future.
(legal scenarios). (b)
2018 Highest 470: The defendant paid the profits from the P company and was operated by the P company in the manner of avoiding the return, so there is no intention of deception.
(M) 2.0
The punishment of the court below (one year of imprisonment) is too unreasonable.
2. Determination
A. Based on the evidence duly adopted and investigated by the court below, the following circumstances are revealed: (a) the defendant provided active investment explanation or investment recommendation with AD or independently to guarantee the victims with a high-income return on investment; (b) the defendant received a considerable amount of money from the accused; (c) such money was not invested in the actual business; (d) there was no specific business to create profits except for the increase of investors such as membership and the receipt of investment money; and (c) most of the amount of damage to the crime of this case was paid as profits to the selective investors; and (d) the court below found the guilty guilty of each crime of this case in full view of the following circumstances, including: (a) the defendant provided with AD or made investment recommendations to the victims by guaranteeing a high-income return on investment; and (e) there was no error of law by mistake of facts or misapprehension of legal principles as alleged by the defendant.
B. The Defendant alleged unfair sentencing is sentenced to a fine of KRW 5 million on April 26, 2017 on the grounds of fraud from May to June 2016, and the Defendant was punished by a fine of KRW 5 million on the grounds of fraud around November 2016, and KRW 500,000 on August 1, 2017.