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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, at the time of factual mistake, was the victim who paid the F, etc. the union dues of KRW 30 million by deceiving the F, etc., and was engaged in preparing documents according to F, etc.’s instructions while working as volunteer to D (hereinafter “D”), and was given a position as the Secretary-General in a formal manner between two months, but did not have any substantial authority. Therefore, there was no fact that the Defendant, in collusion with E, etc., obtained money from the victims.
Moreover, the Defendant did not act as a volunteer in the case of AM group prior to around August 201, 201 where D was established. However, at the F’s request, there was only a fact that the Defendant attempted to prepare a list when returning the union fee. Therefore, there was no fact that the Defendant was entirely involved in the crime of F, etc. committed at the time of the previous AM group around August 201.
B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. However, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize that “the Defendant committed a crime in collusion with E and F, etc. as stated in the facts constituting the crime in the lower judgment.”
1) As the Secretary General of D Co., Ltd., the Defendant directly prepares a business plan, promotional books, educational materials, etc. in relation to permanent rental apartments (an investigation record 749, 752, 1100, 1309, 1325), and against the victims, the Defendant would be able to deposit only KRW 50 million in the name of guarantee money.
“Along with the purpose that “” was demoted and consulted (186, 191, 314, 743, 795, 798, 932, 933, 934, 1100, 1300, 1301, 1305, 1305, 1341 of the investigation record), directly concluding a contract with the victims (314, 1104 of the investigation record), and managing and executing the funds under the direction of E and F (2 of the investigation record, 191, 1105, 1106, 1307 of the investigation record).