beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts1) The Defendant could not be able to cover the costs of training G in a way that he/she uses all the money received from the victim in preparation, filming, society, public relations, etc. of the film produced by the victim’s children G with the intent of the victim in order to show the virtual outcome without sufficient time for the production of the film by the victim’s demand. G also was difficult to implement tra bargaining as originally planned because he/she did not cooperate with tra bargaining. Therefore, the Defendant cannot be deemed to have had no intent or ability to train G in a way of movie distribution. (2) The Defendant is unable to be deemed to have taken or produced various conveniences of motion pictures, and the Defendant had produced the motion picture with investment from the Guri City and individual investors at the time of the instant detention. Therefore, the Defendant cannot be deemed to have no intent or ability to produce the motion picture.
B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too heavy.
2. Determination
A. Considering the following facts revealed in full view of the circumstances duly adopted and investigated by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant, as stated in the judgment of the court below, deceiving the victim as well as deceiving him/her of money as stated in the judgment of the court below, and had the intent of deceiving him/her at the time when he/she acquired money from him/her.
This part of the defendant's assertion is without merit.
1) The Defendant asserts that the money received from the victim includes not only the expenses for training G as film actors but also all the expenses for producing movies consisting of G as film players. However, the victim shows the document stating that the Defendant is necessary to train G as film players, and that “G tra bargaining planning budget and required budget cost,” which is written by specifying detailed resistances and the cost for each item, is KRW 218.66 million.