The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

Considering the fact that the Defendant, by mistake of facts or misapprehension of legal principles, did not first encourage F to conduct the task in Canada, did not mean that USD 3,000 was no longer earned in one month, and that future profits were predicted at the time of receiving investment from F; that there was no concealment of the Defendant’s financial situation or operation status of the branch; and that the Defendant continued to express F’s intent to repay the investment by disposing of the excess points, the Defendant was subjected to a delivery of money by deceiving F and E.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The punishment imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

Judgment

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the Defendant opened a task with I and the second floor of the building owned by I around January 2007. The Defendant agreed to divide I and the Defendant’s net income, excluding labor cost and monthly rent, from the income generated from the operation of the task, into the ratio of 6:4 each month from the opening of the work until October 2007. The Defendant failed to pay I as well as to pay I monthly rent from the opening of the work until October 2007. ② From around July 2007, I had not been able to demand the Defendant to liquidate his work relations, ③ The FF became 30 years to 10,00 CAD or 100 CAD or 30 years from the opening of the work.