beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant did not mean that “the Defendant would make a distribution of the proceeds, and at any time make a return of the investment money at any time before this framework, and at any time make a return of the investment money to the victim.” The Defendant had the ability and intent to return the investment money to the victim at the time of receiving the payment from the victim.
Nevertheless, the court below erred by misunderstanding the fact that the defendant had the criminal intent of defraudation and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.
2. Determination
A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's judgment that found the defendant guilty of the facts charged of this case is just and acceptable, and there is no error of mistake of facts as alleged by the defendant, since the defendant knew that even if he received the investment money from the victim, the defendant did not have the intent or ability to return it within this framework, or that at least it is difficult to return it at least at least at least when it would not be possible to return it in a timely manner, but it could be sufficiently recognized that he received the amount of KRW 10 million by deceiving the victim
Therefore, this part of the defendant's argument is without merit.
1) The Defendant was practically operating the E beverage Co., Ltd., Ltd., and around April 201, the Defendant agreed to conduct a camping car manufacturing business with I and J as well as C (hereinafter “C”).
A) The Defendant was established, and I was registered as C’s representative director, J and C’s director. 2) The Victim and G were proposed by the Defendant to make an investment in C, and at the time, the Defendant was the victim.