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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. Judgment of the court below
In relation to the crime, it is true that the defendant received the money stated in the decision of the court below from F. However, this is not the fact that he received the money from F as investment money by deceiving F, but the victim G Co., Ltd. (hereinafter referred to as the "victim") operated by F (hereinafter referred to as the "victim Co., Ltd.") received the money by the F, due to the F's request that the corporate fund be deducted, and therefore there was no intention to commit
B. Judgment of the court below
In relation to the crime, it is true that the defendant received the money stated in the judgment of the court below from the victim I, but this is not the sales proceeds by deceiving I but only with the consent of F in advance, so there was no intention to commit the crime of defraudation.
Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.
2. The evidence duly admitted and examined by the lower court and the first instance court and the following circumstances acknowledged by the evidence, i.e., the first instance judgment.
As to the part of the crime, the Defendant received 75 million won from F, the representative director of the victimized company, at the end of June, 2010, remitted 75 million won to F on July 1, 2010, and paid 10 million won to F’s wife around July 8, 2010, if 75 million won is invested, the Defendant’s transfer of such profits to F’s wife on a non-payment basis and a week is against the common sense. However, the lower court’s determination that “F would make an investment in HD and K Entertainment, the Defendant’s representative, and if HN Entertainment listed on HN Entertainment, it can receive premium.
First of all, if the investment is made, the number of AE, which is key in H Entertainment, and two of the defendant's coos vehicles on board the defendant.
The purpose of this study is to make an investment in the amount of money.
The defendant said that all the defendants should not speak.
at the time;