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The defendant's appeal is dismissed.
An applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant is aware of the fact that he received money from the injured party as stated in the instant facts charged.
However, the above money is not by deceiving the victim by deceiving the victim, but by deceiving the victim, the victim voluntarily made the victim an investment.
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the legal principles.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. Various circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, ① the victim stated in the investigative agency about the reason why he provided money to the defendant consistently up to the court of the court below, ② the victim provided money to the defendant by obtaining a loan even in the absence of any profits promised by the defendant, and ② the victim continued to provide money to the defendant at the request of the defendant after the beginning of 2016, in which he did not have any relationship with the defendant, and even after the beginning of 2016, he continued to do so. It is difficult to regard it as a voluntary investment. ③ The defendant did not clearly explain that it is difficult to regard it as a voluntary investment; ③ The defendant did not provide a clear explanation as to the place where the money was used by the victim (the defendant lent
However, it did not prepare objective documents, such as books;
Only a change is made.
In full view of the investigation records 351 pages, etc., the defendant can fully recognize the fact of deceiving the victim and deceiving the victim as stated in the judgment of the court below, so this part of the defendant's assertion is without merit.
B. There are several criminal records, including that the Defendant was sentenced to a suspended sentence of two years for the eight-month period of imprisonment with prison labor for fraud in 2011.