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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D shall be punished by fine of 3,000,000 won.
3.2
Reasons
1. Summary of grounds for appeal;
A. Defendant B (1) misunderstanding of facts did not mean that the Defendant would make an investment in the victim’s business as stated in the facts charged of this case, and the victim would invest in the Defendant’s business through A, and thereafter, the Defendant returned all the money invested by the victim to A, and the Defendant did not deliver the money to the victim.
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
(2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment and two years of suspended execution) is too unreasonable.
B. The Defendant D’s punishment (a fine of KRW 5 million) by the lower court is too unreasonable.
2. Determination
A. (1) Comprehensively taking account of the following circumstances revealed by the evidence duly admitted and investigated by the lower court on the grounds of appeal by Defendant B: (a) the Defendant, as stated in the facts charged in the instant case, could recognize the fact that the Defendant, without intent or ability to obtain a guaranty insurance policy for the victim or raise funds, by deceiving the victim, obtained KRW 11.4 million from the victim as a fee for issuing the guaranty insurance policy; and (b) by deceiving the victim.
① At an investigative agency and court of the court below, the victim consistently stated that at the time, the defendant deposited the said money in the account of A as he/she requires the funds while driving the golf course business in China, he/she requested AM, but received A through AM, and A was entitled to obtain the surety insurance policy through his/her own rear-time defendant, and provided the defendant with the defendant by introducing him/her. On August 25, 2010, at the time, the victim stated that at the time, the defendant deposited the said money in the account of A as he/she requires the surety insurance fee of KRW 11.4 million. The statements at investigation agency and court of the court below are consistent with the above statements by the victim.
(2) Where a defendant is granted a loan from an investigative agency or from a financial institution, part of the loan shall be extended.