A. The Defendant believed misunderstanding of facts or misunderstanding of legal principles that B would deposit KRW 150 billion to the victims.

B said that the Defendant would temporarily raise money equivalent to 5% of the fee when he/she raises people who need funds, and the Defendant only belongs to B.

The defendant did not intend to acquire money by deceiving victims.

B. The lower court’s sentence of unreasonable sentencing (fine 10 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court, the following facts are revealed. (A) and B on April 4, 2016, the lower court drafted a letter of undertaking to perform duties (the first page of the evidence record No. 23) stating that “B deposits KRW 150 billion into a corporate bank account under the name of D, and in return, D pays KRW 100 million to B,” and the Defendant signed and sealed the said letter of undertaking to perform duties as a guarantor.

D 10 million won (10 million won cashier's checks) was issued to B on the same day along with one bank passbook in the name of D (Account Number: P, April 4, 2016; hereinafter referred to as "the passbook in this case").

B) After May 3, 2016, the Defendant sent D a copy of the instant passbook (No. 12-15 of the evidence record) with a balance of KRW 150 billion as of May 3, 2016, and on May 24, 2016, as of May 24, 2016, a copy of the statement of account by account (No. 2 of the evidence record), a copy of the consolidated balance certificate (No. 19 of the evidence record), a copy of the financial transaction confirmation (No. 20 of the evidence record), and a copy of the financial transaction confirmation (No. 20 of the evidence record) (No. 150 billion won in the account of the instant passbook), the prosecutor stated as follows at the time of the investigation.

(Evidence List No. 28 No. 28). In other words, the defendant was able to contain 100 million won or more by telephone on April 3, 2016.