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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The Defendant believed that on April 2, 2015, at the request of the victim E, 2015, the Defendant could make a profit by 20-30% per annum from C at the time of receiving an investment of KRW 30 million, and only received an investment from the former commercial victim, and did not have any intent to commit fraud.
(B) On April 2, 2015, the Defendant did not conclude that he/she would guarantee the principal of the victims as stated in the facts charged in each fraud listed in the separate sheet Nos. 1-4 of the crime committed by the Defendant, and even before May 2, 2015, C received an investment in trust that he/she would be able to obtain high-profit profits through overseas futures investment. As such, there was no intention to commit fraud.
(Attached Crime List (1) Nos. 1 through 4) b.
The sentence of unfair sentencing (one year and four months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The Defendant: (a) inducedd the victims to the effect that the Defendant would make investments in foreign currency futures to the D Association in the form of re-investment in the G Co., Ltd. operated by C; and (b) grant profits therefrom.
However, in full view of the following circumstances recognized by the court below by comprehensively taking account of the evidence duly adopted and examined, it is reasonable to view that the defendant could recognize the fact of deceiving the victims as stated in each part of the facts charged, and that the defendant has the intention to commit the crime of defrauding the horses.
In the same purport, the court below is just in finding the Defendant guilty of all the facts charged, and there is no error of misapprehending the facts as alleged by the Defendant, thereby adversely affecting the judgment.
1) The Defendant became aware of C through Ma-dong AC, and B and C are between friendship and friendship. The Defendant and its her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her