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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In order to mine actual houses to the victims, the Defendant: (a) explained that it is necessary to perform excavation works worth KRW 1 billion; and (b) the mining concession right to restore damaged forests is extended while developing the mine; and (c) the victims knew such circumstances and their financial status of G Co., Ltd. and made an investment; (d) the Defendant did not deceiving the victims; and (e) there is no intention to commit fraud.
Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by mistake.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. 1) Determination of the victim I on the part of the victim I is consistent in the investigative agency and the court below’s decision that “The defendant and A may mine a 300 million won investment in the middle of May 2013, 201 to the extent of two months if the defendant and A have invested in the 300 million won.”
I explained that if 150 million won is invested in half of 300 million won, the sales profit will be distributed to 50:50.
was made.
The court below stated to the effect that construction cost equivalent to KRW 1 billion is not necessary. The following circumstances, namely, ① according to the agreement between the Defendant and the Defendant and the Defendant, and the Defendant and the Defendant, which were operated by the Victim I, and the Defendant, on August 14, 2013, entered into an agreement to provide the highest level of 100 million won in a sampling from the commencement of mining of a rooftop mine and the extraction of a sample for one month. This is premised on the premise that the Defendant, upon receipt of KRW 100 million, can substantially mine for one month, and thus conform to the victim I’s statement. ② According to the agreement to provide the remainder of KRW 700 million, the Defendant, excluding KRW 300,000,000,000,000,000,000,000,0000,000,000,000,000,000 won.