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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts) and the statement of the victim, etc., although the defendant sufficiently recognized the fact of deceiving the victim as stated in the facts charged, by deceiving the victim as stated in the facts charged, the court below rendered a judgment of innocence against the defendant,
2. Determination
A. The summary of the facts charged is the leakage of E, who is the former secretary of Co., Ltd. D, and the Defendant conspireds to acquire the investment funds from the victim C.
Therefore, the Defendant, at the Defendant’s residence located in Ulsan-gu, U.S. F and 101 Dong 505 on September 28, 2015, received an inquiry from the victim who received the letter and note from the said E to the effect that “in solicitation of individual investors” is “The Company shall lend money to the Company, and shall acquire the Company through M&A to make profits,” and if the Company is operated in the manner of making profits, it shall pay 2-3% monthly profits to investors, and 5% of monthly profits to make investments. The mother shall also make a purchase of housing in Ulsan-gu.” The mother shall also make an investment and make a false statement that “E shall purchase housing in Ulsan-do by making an investment,” and E shall not have any opportunity to make the victim contact with the victim who received the said speech.
Although we did not speak, the mother of less than 2,000 to 3,000,000 won and made 7,000 to 8,000 won.
Now this is a good opportunity for the end of the day, so that money can be added to the same insurance that does not have much profits.
“A false statement” was made.
However, in fact, D did not obtain all profits from investment due to lack of past performance, and did not have any items to rapidly increase operating profits within a short period, and did not have any circumstances to guarantee investment funds. As such, D operated a business with “a method to stop a return” in which the principal, etc. is paid to senior investors by using investment funds induced by investors.