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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding 1) The Defendant received investment from the victim C to conduct business, and the victim C also participated in the leading business with the Defendant, so the Defendant did not deceiving the victim C.
2) The Defendant invested the money received from the victim PO and Q in the division operated by P. The victims were well aware of this fact, and there was no deception for the victims.
B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the Defendant may be recognized as acquiring money by deceiving the victim C,O, and Q, so the Defendant’s assertion is without merit.
1) At the time of the instant crime, the Defendant had almost no assets held as a bad credit bad person who filed an application for exemption from bankruptcy on or around 201, and had been punished by fraud or embezzlement while engaging in a business with investment funds received several times (an investigation record No. 115, 116 pages), and even around around around 2012 and around 2013, the transfer of the instant case, the Defendant acquired approximately KRW 70 million from the Z and AA and did not recover the said damage.
2) The Defendant asserted that the Defendant was invested by the injured party C. However, the Defendant received each of the KRW 14 million from the injured party on June 12, 2014, KRW 21 million on June 19, 2014, KRW 21 million on July 13, 2014, and KRW 65 million on July 16, 2014, and sent by e-mail the victim a cash loan certificate of KRW 65 million on August 8, 2014, KRW 30 million and KRW 10 million on August 11, 2014, KRW 30 million plus KRW 65 million on August 201, 2014, KRW 60 million on August 20, 2014, KRW 70 million on loan, KRW 70 million on loan, KRW 5 million on loan, KRW 500,000,000 on July 15, 2014.