Defendant shall be punished by imprisonment.

A. misunderstanding of facts, misunderstanding of legal principles, and incomplete hearing, the Defendant: (a) organized the instant number system on January 2007, and provided the guidance money to the members; (b) it was merely impossible to pay the guidance money to some victims, among the members, due to the wind that is difficult from a sudden economic difficulties; and (c) the Defendant did not receive the guidance money from the victims by organizing the system with the intention of defraudation from the beginning; and (d) therefore, the crime of breach of trust is not established, but the Defendant cannot be established.

Nevertheless, since the first and second instances all of the facts charged in this case found the Defendant guilty of acquiring the custody money from the victims of the fraternity, the court below erred by misunderstanding the facts due to insufficient deliberation or by misunderstanding the legal principles on the criminal intent of acquiring the custody money in fraud, which affected the conclusion of the judgment.

B. The Defendant abuse of the right to institute an indictment was investigated under the suspicion of fraud against several victims, and without reasonable grounds, the Prosecutor indicted only the fraudulent part of the victims other than T among the victims who were the causes of the prosecution under the court 2014Kadan3033. After the judgment of the first instance court of this case was rendered, the Defendant indicted the victim T with the court 2015 Godan890, and imposed a substantial disadvantage to deprive the Defendant of the opportunity to undergo a reasonable and fair trial through a consolidated trial. Thus, the prosecution of this case by the court 2015 Godan890 constitutes abuse of the right to institute an indictment.

Nevertheless, the second instance court convicted the victim T of the charge of fraud. Thus, the second instance court erred by misapprehending the legal principles on the effect of abuse of power to prosecute and indictment, thereby adversely affecting the conclusion of the judgment.

C. The imprisonment with prison labor of the first instance court on the accused and the imprisonment with prison labor of the second instance on both the three-years of imprisonment with prison labor and the three-months of imprisonment with prison labor are deemed unfair.

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