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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, misunderstanding of facts, did not deceiving the victim with respect to the web hard business.
The KRW 100 million received from the injured party on November 23, 2012 was received as investment funds in the web dyp business, not the gold dyp business, and KRW 100 million received on January 22, 2013 was received as investment funds in the gold dyp business, not the web dyp business (a mistake that the accused made a statement by changing the name at an investigative agency) (i.e., that he/she would return the principal when he/she makes a request for termination at any time) rather than the victim’s statement that “where he/she intends to terminate the contract, he/she shall return the principal before three months elapse from the date of the investment, but the principal shall not be immediately returned, and if so, he/she may not be unilaterally terminated after three months lapse,” and the Defendant was also invested from persons other than the victim at the time, and the F operated by the Defendant continued to engage in the business related to the web dyp business.
shall not be deemed to exist.
B. The crime of this case was committed not solely by the Defendant, but also by C, and most of the money issued by the victim was used by C.
Of the amount of fraud 420 million won, the money used by the defendant was 50 million won and the remainder was used by C.
In light of the fact that C led the crime and most of the amount of fraud brought about C, the sentence of the lower court (three years of imprisonment) is too unreasonable.
2. Determination
A. 1) On May 28, 2015, the instant case was initiated by the Defendant and C filed a fraudulent complaint on May 28, 2015.
D In the investigative agency, “C shall make an investment in gold trading business to the victim on September 2012.”
If the investment money is not returned, he/she would be responsible for and repaid on behalf of him/her, and he/she would have prepared a warranty of liability on behalf of him/her, and the defendant trusted and invested us.
Many of the profits without framework were false.