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The judgment of the court below is reversed.
Defendant 2014 High Order 2628, 2014 High Order 3663 of the lower judgment.
Reasons
1. Summary of grounds for appeal;
A. In relation to the facts of the lower judgment’s crime of “2014 High Order 2628, the Defendant, at the time, was only in charge of the development and sale of J’s products, and was invested in an amount equivalent to KRW 500 million from H Co., Ltd. (hereinafter “G”), and the act of attracting investment from the victims of the instant case was entirely in charge of H and F on the part of G, and there was no fact that the Defendant participated therein.
Therefore, there was no criminal intent of deceiving victims in collusion with H, F, I, etc., and there was no fact that H, F, and I conspired or participated in the act of receiving the same kind of money.
Even if the Defendant was involved in H, F, and I’s fraudulent act or similar receiving act,
Even if the sum of the fraud or the receipt act similar thereto does not amount to 680,210,000 won.
Nevertheless, the lower court convicted all of the facts charged by misunderstanding the facts.
B. The sentence of the lower court (two years of imprisonment and three months of imprisonment) is too unreasonable even if the instant facts charged were to be found guilty.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and examined, namely, ① the Defendant and H have invested KRW 500 million in the Plaintiff Company B (hereinafter “B”) operated by the Defendant around December 27, 2010 and agreed to divide the profits accrued from the J projects that B manufactured and sold by the Defendant into KRW 50:50. ② Meanwhile, H, F, and I shall return the principal of the investment to the victims, including L, “if the Plaintiff has made an investment under the plan to produce and sell the J, he will return the amount of the investment after three months, and pay the amount of monthly wage every month as a whole as the shareholder concept” (see, e.g., evidence record 823 pages). ③ However, at the same time, B is limited to the patent application to J.