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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant was not able to properly assist the victims in making installment payments due to the business depression, and the defendant did not have intention to commit fraud.
Nevertheless, the court below found the defendant guilty of this part of the facts charged, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (four years of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts (as to fraud), the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant established and started to operate the E, a company selling and installing the PED in the name of K around December 2014, and the Defendant would install the PE signboard free of charge to the victims through the telecomter.
and send business employees to the victims who have consented to the proposal.
In addition, “E is required to pay a certain amount of money to the victims for 36 months as a result of providing a monthly payment to the victims and pay a considerable amount of money to the above installment loans,” under the condition that E’s advertisement phrases are inserted in the above LED signboard after receiving an installment loan from a financial institution such as filial capital in the name of the victims, etc., such as filial capital, and then installed the LED signboard in the form of the money.” ③ If the victim prepares an application for installment financing with the content that “the victim is to receive an installment loan of 1.8 million won from a financial institution” through the above advertisement conditional installation services, the financial institution deducts the fee, etc. and pays 1.35 million won to the defendant as a lump sum payment, and if the defendant pays 1.5 million won out of the amount to 500,000 won as business successful allowances to the Inteherter and its employees, the defendant will pay it to the victim for 360,000 won per month as a customer subsidy (i.e., 360,0,00 million won).