Text
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding the facts and misapprehension of the legal principles, the Defendant provided the victims with the advice on the appointment of professors through the introduction of G, and the victims should be given money in advance to the Foundation to be appointed as professors, such as the facts stated in the facts constituting the crime in the judgment below.
100% as professors will be made.
There is no false representation as stated, and there is no fact of receiving money from the victims.
B. The sentence of the lower court’s improper sentencing (eight years of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the lower court can fully recognize the fact that the Defendant deceivings victims as stated in the facts constituting the crime in the lower judgment and acquired money from the victims.
The defendant's factual mistake and misapprehension of legal principles are without merit.
① G introduced victims to the Defendant from an investigative agency to this court, the background leading up to the introduction of victims to the Defendant, the conversation between the Defendant and each victim was present at the time when the victims met, the background leading up to the delivery of money to each of the victims, and the background leading up to discussions on the Defendant’s attorney X and the Defendant’s wife and the Defendant’s wife on the day when the Defendant left the U.S. on the day of departure from the Republic of Korea.
G seems to have expected the help of the defendant in the recruitment of professors at C University and introduced victims to the defendant.
② Victim B and J also consistently made a statement consistent with G’s statement in the investigative agency and the court of original instance.
In other words, the victims paid money directly to the defendant.
At the time, G was together with G.
“The statements were made with the same agreement.”
Victims K and L shall not comply with the investigation by an investigative agency.