The remainder, excluding the rejection of an application for compensation order, shall be reversed.

The defendant shall be punished by imprisonment for not less than two months.

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendant was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on Door-to-Door Sales, etc. under the Act on Door-to-Door Sales, Etc. (hereinafter “Prior Case”) on July 21, 2017 on the same facts as the instant facts charged.

(B) Although the Act on the Regulation of the Act on the Regulation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes had already been instituted, the prosecution has already been instituted on November 28, 2018, and thus, it constitutes abuse of the right to institute a prosecution. (2) In the preceding case related to the establishment of aiding and abetting, the defendant has been recognized to have been involved in the crime of aiding and abetting in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is the principal offender, in the instant case involving the same factual relation, it is unreasonable to recognize the establishment of a joint principal offender for the violation of the Act

3) From among the facts charged in the instant case, since the Defendant notified the risk of loss of investment funds after August 29, 2014, the part of the instant facts charged after the above date is not a crime. 4) Since the crime of this case and the crime of violation of the Act on the Regulation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violation of the Act on the Regulation of the Aggravated Punishment, etc. of Specific Economic Crimes, which became final and conclusive through prior criminal facts in the instant facts and the prior criminal facts in the instant case, are in a commercial concurrent relationship with each other, the judgment of acquittal shall be pronounced in the instant case where the res judicata effect of the prior

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant is also the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine.