beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the defendant introduced the victim to Co-Defendant A (hereinafter only referred to as “A”) and did not intend to commit fraud with the court below, but the court below rejected the defendant’s assertion and found the defendant guilty of the facts charged on the sole basis of the statement of A, H and G without credibility. The court below erred in the misapprehension of facts, which affected the conclusion.
2. The Defendant also asserted the same purport as the grounds for appeal, and the lower court rejected the above assertion in detail, with detailed explanation of its decision.
In light of the following points that can be recognized by the evidence duly adopted and investigated by the court below in the circumstances stated by the court below, the court below's fact-finding and judgment are acceptable, and there is no error of law by mistake of facts as alleged by the defendant.
Therefore, the defendant's assertion is without merit.
The statements of A, H, and G contain not only the details of the defendant's introduction of H to A through G, and the investment circumstances of H, etc., but also the main parts of the defendant's introduction from the investigative agency to the court of original trial are consistent without contradiction, and thus, are sufficiently reliable.
B. H was aware of the Defendant’s trust in the introduction of G and made an investment after introducing A. While the Defendant was aware that, without any equity capital, the Defendant was an investment plan to conduct the broadcast special effect business with the investment funds received from the victim, at the time, A would have recommended H to make an investment without any investigation or confirmation as to the basic premise of the return of the investment funds, such as the details of specific profits that A would obtain by carrying on the broadcast special effect business of DD E, and the possibility of additional rare participation.
C. The Defendant is against themselves 75 million won out of the investment money on the day when A received the investment money by himself.