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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error 1) As to the fraud against the victim B, the Defendant did not deceiving the victim as stated in this part of the facts charged, and only deposited funds for the operation of the Plaintiff Company D (Co., Ltd. before the change) that the victim operated jointly with the Defendant. 2) As to the fraud against the victim’s Z, the Defendant did not deceiving AA, an operator of the victimized company, as described in this part of the facts charged, and only filed a malicious complaint by AA.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. The following circumstances revealed by the lower court and the evidence duly adopted and investigated by the court of first instance as to the assertion of mistake of facts regarding the victim B, namely, the victim made a consistent and detailed statement that corresponds to the facts charged in this part as to the contents of deception by the Defendant from the investigative agency to the court of the trial at the court of the trial at the court, and the victim was employed as a professional manager who received benefits from the Defendant, and was involved in the management under the direction of the Defendant, or was engaged in the business at the end of the judgment on the actual relationship with the Defendant. In addition, it is not that the victim was engaged in the business at the same time as the Defendant. In addition, the victim believed that the Defendant was aware of the fact that he would promote the business by raising large amounts of funds from T, securities company, etc., and provided money to the Defendant under the pretext of the collection of the funds
In full view of the facts that some or all of them have been actually consumed as corporate operating funds, such as employee benefits, etc., the fact that the defendant deceivings the victim as stated in this part of the facts charged, thereby deceiving the victim.