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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since there was no awareness that the Defendant had another victims other than the victim F, and there was no fact that the said F had the other victims make a false statement, the lower court that recognized the Defendant’s crime of fraud was erroneous.
Even if the defendant is found guilty, F has taken a large amount of money in the middle while making transactions with other victims using the defendant, and the judgment of the court below is erroneous in recognizing the amount of fraud.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (i) around April 2010, the defendant has already been given money to his branch members and has already received interest on a small scale; (ii) the victim F was made a false statement at the time when he had not paid the money through the kind of loan business; (iii) the victim F was lent his own money to the defendant; and (iv) the victim F was connected to other victims, who are one of his branch members, to lend the money to the defendant to receive interest from the other victims; and (v) the defendant was aware that F was remitted to the defendant with money from other victims when he received the money from the victim F when he received the money from other victims; and (iv) the victim and other victims including F were paid interest through F through the victim F (as from May to 20 copies, not accurately determined); and (v) the victim F and the victim did not have to receive interest from the time of the complaint to the victim, thereby making it difficult to return the interest rate.