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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.
except that this shall not apply.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years of imprisonment) sentenced by the lower court to Defendant A is too unreasonable.
B. Defendant B (1) misunderstanding of facts was promised to make an investment of KRW 400 million from among 600,000,000,000,000,000 necessary for the operation of the aggregate extraction business in the Chungcheongbuk-gun, and Defendant B was under the promise of investment of KRW 400,000,000,000,000,000,000,000,000 won invested by Defendant A, leased land of KRW 200,000,000 and actually operated the aggregate extraction business by leasing machinery with one’s own money. Defendant B received KRW 200,000,000 from the victim F who was introduced to a new investor without knowledge of the said KRW 200,000,000,000 from KRW 5,00,000,000,000,000,00,000,00 won.
In addition, in addition to investment money, 100 million won borrowed from the victim was fully repaid, and even if the aggregate extraction business is operated in the name of another company, Defendant B was considered as an accomplice in fraud with Defendant A.
(B) The sentence of imprisonment (one-month imprisonment, etc.) imposed by the lower court on Defendant B is too unreasonable.
2. Determination on the grounds for appeal
A. The following facts are acknowledged according to the evidence duly admitted and investigated by the original court at the lower court on the determination of the assertion of mistake of facts (Defendant B) (1).
① The Victim F was in office as a teacher for 28 years and retired from office at the end of February 2006. On February 2007, the Victim F invested in E Co., Ltd. which is a multi-level company, but lost the investment amount of approximately KRW 700,000,000.
(2) Defendant A who supplied red ginseng products to Company E shall be 50 million won when the victim was above the victim on or around March 2007.