A defendant shall be punished by imprisonment for four months.

A. Since at the time of the instant case, the Defendant had sufficiently explained the victims of the instant case about their investment, did not enter into an agreement to guarantee a conclusive interest, and attempted to divide profits into a joint business form, there was no possibility of deceiving the victims.

(B) The supplementary reasons for appeal filed on November 18, 2014 shall be determined only to the extent of supplement in case of supplemental appellate briefs not timely filed).

The punishment sentenced by the court below on unreasonable sentencing (one year and eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court on the assertion of mistake of facts, the lower court stated that the Defendant took over G Co., Ltd. around March 2012 in the condition that the Defendant was only liable and did not have any capital, and was operating the instant searier export business from around April 2012 with the money borrowed from the Defendant, etc., and the Defendant, around June 2012, even though it was a situation where the Defendant was unable to obtain any specific profits through the said searier business, there was a lot of profits from the victim D and E in selling the searier in China. In the event of the said investment, the Defendant sold the searier with the money invested in the said business, and then returned the principal of the investment principal and 7% interest thereof after one week after the purchase of the money, and the victims were aware of the Defendant’s horse or the Defendant’s account designated by the Defendant, and the Defendant was able to receive some losses from the Defendant’s payment of the investment principal and the Defendant’s payment of the said money.