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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below (the fine of KRW 3,00,000) on the grounds of appeal by the defendant is too unreasonable.
B. The grounds of appeal by the prosecutor: (a) the fact that the victim did not prepare an investment agreement with the defendant; (b) the time the victim recovered funds invested in the sales agency of the mobile phone that operated after the distribution was around November 2012; (c) the fact that the victim could be deceiving even without reality; (d) the defendant was also aware that he/she operated credit business around April 201 to August 201; and (e) the defendant stated that he/she was engaged in credit business around five months from the date when he/she was in arrears to the date of August 2012; and (e) the statement that the defendant was stated as KRW 9363 million between the date when he/she was in arrears and the five months between the date
In full view of the facts that the victim suffered loss, the witness X, V, and W of the court below's decision that the victim made an investment in the communications business operated by the defendant, it is difficult to view that the victim has made an investment in the communications business operated by the defendant. ② The victim, at the request of the defendant, drafted a policy to support personnel expenses at the ELS headquarters around June 2012, stating that the defendant did not receive the subsidies due to the result or failure of performance, and that the amount of subsidies for KRW 2,00,000 per employee should be paid to the agency regardless of the business performance, and there is no document stating the victim's promise, it is difficult to obtain the subsidies from the ELS headquarters. In full view of the fact that the victim has promised to provide personnel expenses of KRW 80,000 per month to the defendant. ③ The value of the object of the right to collateral security established by the defendant does not reach the demand of KRW 1.60,000,000 per employee.
In full view of the fact that a sum of KRW 15 million has been additionally remitted, the victim shall be required to make an investment.