The defendant is an applicant for compensation, who is an applicant for compensation, of KRW 50,000,00.

A. The Defendant merely explained the victims of mistake of facts and misapprehension of legal principles as stated in the investment contract and did not have any promise to guarantee principal as stated in the facts charged, and the aforementioned promise was made by investors to the victims to raise their performance.

In addition, the defendant actually invested the invested money in the U.S., or used it for the payment of operating expenses or the profit promised, but did not use it for any purpose other than the original promise.

Therefore, the judgment of the court below which found the defendant guilty of the charge of this case even though the defendant did not have the intention to commit the crime of this case by deceit, is erroneous in the misapprehension of legal principles, which affected the conclusion of

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mistake of facts and misapprehension of legal principles, the Defendant recognized the facts charged in the instant case to the investigative agency and the court of original instance, but reversed it, and subsequently denied the facts charged in the instant case.

The following circumstances revealed by the evidence duly adopted and investigated by the court below, i.e., the defendant at the prosecutor's office: (a) stated that "No. 250 billion won has been deposited in the current K account and invested in K in the last year and 50% profits have been paid to the victims." (b) the defendant made a clearly stated that "No. 5% profits, other than the principal, shall be paid after the three months have elapsed since investing in the K public offering fund." (c) the defendant made a false statement in the prosecutor's office stating that "no. 650 million won has been paid to the victims," and (d) the amount equivalent to 300 million won out of the investment funds received from the victims was paid to the complainant under the name of the profits (principal principal of 5%), the inducement fee (principal of 10%), and the management fee (principal of 4%).