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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for eight months, and for one year and six months, respectively.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles are only facts that Defendant A (1) received money from the family members and victims in accordance with the instructions and without the awareness of, or intention to commit the crime of defraudation in the end of the B that the Defendant may not pay money by means of investing money in another place, etc., and the court below which found Defendant guilty in violation of the rules of evidence and in violation of the rules of evidence.
(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, compensation order of KRW 32,800,000) is too unreasonable.
B. Defendant B (1) In the case of a mistake of facts before January 17, 2012, Defendant B (1), a person acquired the said money from the victims by deceit, and the Defendant merely borrowed the said money from A with no knowledge of such circumstances, and the lower court which found the Defendant guilty of this part of the crime even though he did not have conspired with A, there is an error of mistake of facts.
(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances, Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles (1) as to whether there was a conspiracy with B to commit a crime from December 26, 2010 to October 6, 201 as indicated in the lower judgment, the lower court’s evidence duly admitted and investigated by the lower court, and the witness A, AB’s testimony, and witness B’s statement in the third trial record, which can be recognized by comprehensively taking account of the following circumstances: (a) the Defendant is at the end of B, which would return money upon investment, and the victim I, N, and E from December 26, 201 to October 6, 201 (i) (i.e., the period from December 26, 2010 to December 9, 2011 to which the Defendant received investment money from his mother and family members, and then sent money to B as profits, if the Defendant again delivers money to the victims.