Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

Although there is a fact that the defendant received money from the victim C for the investment of stocks as stated in each criminal facts in the judgment of the court below, the defendant did not have the intent to acquire the money of the victim because it did not have any unexpected loss because the stock transaction situation at the time was not good.

The sentence of unfair sentencing (eight months of imprisonment) by the court below is too unreasonable.

Judgment

The lower court’s judgment on the assertion of mistake of facts is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court: (i) the Defendant was in the situation of reporting losses to the principal of investment continuously from the end of February 2009 to the end of October 2010; (ii) around February 2010 to around April 2010, the time when the Defendant recommended the victim to make an investment; and (iii) the Defendant still has not been able to make a clear profit through stock transaction; and (iv) the share transaction was in a high risk of not sustaining a clear profit due to its characteristics; and (iii) the Defendant was also in the situation where the Defendant was reporting losses to the victim due to stock transaction; (iv) at the time, the Defendant was able to pay a large amount of profit upon the victim’s receipt of funds from the victim to the account in the name of the principal; and (v) the Defendant did not separate the profits and losses incurred from the management of the victim’s funds and did not receive any profit or loss from the victim.