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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant did not receive money from the victims as investment money, not as the borrowed money, and even if there was no intention to commit the crime of defraudation because it was sufficiently changing from April 25, 201 or October 14, 201, the lower court held that the Defendant did not have the ability or intent to guarantee the principal and interest that the Defendant promised at the time of borrowing money from the victims.
In light of the fact that the criminal intent of the defraudation was recognized, the judgment of the court below was erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The following circumstances, i.e., whether the Defendant received money from the victims, i.e., whether the victims received money from the victims, i.e., the victims, i., (i) submit a written complaint to the effect that they would pay a certain amount of interest every month and would have received money from the Defendant, or that they would have received money from the investigative agency to guarantee the principal. (ii) The Defendant also made a statement to the effect that the investigative agency and the lower investigative agency have made the statement to the effect that they would recognize all the above facts, and (iii) the victims actually paid money to the victims as interest every month until early 2012, i.e., the Defendant prepared and delivered a loan certificate or a fair certificate of lending and borrowing contract, and other circumstances where the victims would transfer money to the Defendant and the victims, etc., it is reasonable to deem that the amount of money that the victims transferred to the Defendant constitutes an investment loan, not an investment loan.
2) In addition, fraud causes mistake by deceiving others.