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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of facts and legal principles is an investment expert who directly confirmed the progress of the project and made an investment, and the Defendant did not deceiving the victim.
The defendant was somewhat exaggerated in the process of attracting domestic investment.
However, since the victim made an investment under his own judgment, there is no relation between the defendant's deception and the victim's disposal act.
B. The punishment of the lower court (two years of imprisonment, three years of suspended execution) is too unreasonable.
2. Determination
A. The Defendant also argued in the lower court as above. The lower court held that: (a) the Defendant did not pay wages to employees at the time of receiving each amount from the victimized person; (b) the economic situation faced by the Defendant, such as delayed payment of wages by employees at the time of receiving each amount from the victimized person; (c) the Defendant was well aware of such circumstances; and (d) the Defendant was aware of the fact that the progress of the business was difficult; (b) the Defendant started the business immediately without explaining such circumstances to the victim; and (c) the fact that the Defendant received money from the victimized person; and (d) such circumstance appears to be very important reasons in determining the invested person; (b) the Defendant appears to have directly verified the situation of the business; but (c) the victim was aware of the aforementioned circumstances by itself.
In full view of the fact that it is difficult to see the fact that the victim's real estate value substantially falls short of the investment amount, etc., it is difficult to see that the victim directly determined the investment by confirming the progress of the business, etc., and it is reasonable to see that the victim made an investment through the Defendant's investment solicitation, and
2) Dried stoves, ..