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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the Defendant gives the victims KRW 520,000,000, which is 200% within two months if the victims make an investment.
There is no fact that 520,000 won may be punished even if they were to do so.
The Defendant merely stated on the Internet site “B” (hereinafter referred to as the “instant site”) in the facts charged against the victims.
and send the investment funds received from victims to the Daegu Center.
Now, the victims have joined the site of this case as a member.
In addition, the Defendant purchased the right to discount of stem cell procedure in the name of the victims, which occurred by the company of the "T" in the United Kingdom where the instant site is operated.
There is no fact that the defendant acquired the money by deceiving the victims, and there is no intention to commit the crime of fraud.
Since the defendant does not receive money from the victims in return for promising them to guarantee the victims, the defendant's act of receiving money from the victims does not constitute an act of receiving similar money.
2. Comprehensively taking account of the evidence examined by the lower court, the following facts and circumstances are recognized.
The fact that the defendant acquired money by deceiving victims and received money similar may be recognized based on this.
1. A victim E and G may, at an investigative agency, be punished by KRW 520,00,000, which is 200% within a maximum two months, if a person invests 2.60,00 won in the instant site operated by the company of “T” from the Defendant and joins as a member.
If seven members enter the first room and join the 260,000 won, the first person shall board and graduate from the 520,000 won.
The first room is 260,00 won, the second room is 520,000 won, and the third room is 1,560,000 won.
B. The payment of investment money to B shall be made by acting as a member of the site of this case, and when the revenue is paid to the site of this case, it shall be returned.