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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
The defendant is merely a normal monetary consumption loan contract with the victims, and there is no fact of deception such as the statement in the facts charged.
A person who misunderstanding the legal principles merely lends funds to four persons, but does not constitute a similar receiving act, since he is not against many and unspecified persons.
The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.
Judgment
In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court on the assertion of mistake, the first instance judgment on the credibility of the statement made by the witness in the first instance was clearly erroneous.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance court, or in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of oral pleadings, the appellate court should not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2017Do7871, Mar. 29, 2018). Comprehensively considering the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the appellate court can fully recognize the fact that the defendant deceiving the victims as stated in the facts charged and acquired money from the victims.
When the victim G invested funds from the investigative agency to the court of the court below, the defendant's statement that he would pay the principal after 10 days from the interest rate of 20%, and the defendant will make an investment in the capital of the defendant. The first several times are the interest and principal of the defendant.