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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
The defendant, who is aware of the summary of the grounds for appeal (misunderstanding of facts and improper sentencing) was aware that the defendant would create a big benefit from growing and distributing seeds, actually purchasing factories and facilities with the investment money, thereby producing new seeds for a period of one month. Therefore, the defendant did not have the intention to acquire them.
The punishment of the court below (4 years of imprisonment with prison labor) is too unreasonable.
Judgment
In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake, namely, ① the Defendant received approximately KRW 34.99 billion from the victims as investment money and paid KRW 29.5 billion to the existing investors as earnings and allowances. The Defendant paid KRW 29.5 billion as investment money, not from the business profit, but from the investment money induced by the new investors. ② The early business period (round June 2015), the investment money paid from the victims exceeds the profits and allowances to be paid to the senior investors. Since July 2015, the Defendant continued to receive the investment money from the victims. In full view of the following facts, it can be sufficiently recognized that the Defendant had a criminal intent to acquire money, as stated in the judgment of the court below.
Therefore, the defendant's assertion of facts is without merit.
The fact that the defendant has been punished several times by a similar receiving act, and that the amount of fraud is enormous is disadvantageous to the defendant.
However, there is a favorable condition for the defendant, such as the fact that considerable part of the profit amount has been paid to the prior investors, and that some of the victims have reached an agreement with them, and the defendant's age, sex, environment, motive, means and consequence, etc. are all other circumstances after crimes.