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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
Since R Co., Ltd. operating the defendant's assertion of misunderstanding of facts was carrying out the business of this case, such as actually investing funds for the business of this case, the court below convicted the defendant by misunderstanding of facts, even though the defendant did not have a criminal intent to acquire money by deceiving the victim.
The sentence of the court below (one year and six months of imprisonment) against the defendant claiming unfair sentencing is too unreasonable.
Judgment
According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of facts, the defendant tried to carry out the business of this case by obtaining Ef (PF) loan, although it is unclear whether EfF loan has been carried out at the time, he did not disclose such circumstance to the victim, and only delivered a flock to the victim's repayment without any problem in the future through S, the defendant asserted that he applied for Eflive Life, and he did not submit such materials for Eflive Life on the ground that the office could not find a flock, and there is no material to deem that he used the money received from the victim as the purchase price for the site of the business of this case, and the defendant did not have a sales contract for the above land by acquiring the ownership of the six land which is part of the land of this case, but the defendant did not complete the purchase of the above land on the ground that the whole progress of the business. In light of such circumstances, it can be sufficiently recognized that the defendant's crime of acquiring the above land is sufficiently recognized.
The defendant's assertion of mistake is without merit.
Even as a victim of judgment on the assertion of unfair sentencing, there are some errors in lending money without confirming the contents of business in detail. However, the defendant has the same criminal record, and the defendant has the same kind of criminal record.