A. The Defendant, as a member of the D website, introduced a mileage transaction method to the persons who visited the company as a member of the D website, and did not perform the act of deception by soliciting investors as stated in the facts charged, and did not intend to commit fraud.

In addition, since some of the amounts remitted from the victims re-investment the amount recovered from the principal, it cannot be deemed that the entire amount of transactions stated in the facts charged is the amount of damage.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. Unless there are exceptional cases where maintaining the first deliberation decision on the credibility of the statement made by the witness of the first instance trial is deemed to be remarkably unfair, the appellate court shall not reverse without permission the first deliberation decision on the credibility of the statement made by the witness of the first instance trial just because the first deliberation decision on the credibility of the statement made by the witness of the first instance is different from the appellate court's decision (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). In light of the following facts and circumstances, which can be seen by comprehensively taking into account the evidence duly adopted and investigated by the lower court, the Defendant, as stated in the facts charged, by deceiving the victims and receiving investments from the victims, by deceiving them.

It is reasonable to view it.

Therefore, this part of the defendant's argument is without merit.

A) The victims sought an explanation and made an investment from the investigative agency to the lower court to the same effect that D is a Korean branch of an overseas IT company, that it is the representative of a Korean branch, that it is possible to receive mileage if it invests in D money, and that it may receive direct distribution of profits from the U.K. head office.

statement is made (Evidence No. 18, 41, 163, 299 of the evidence record, and 52, 59, 61 of the trial record) by the defendant.