Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

A. At the time when the defendant of mistake of facts received the investment money from the victims, the defendant did not have the intention to commit the crime by deceit, and there is no fact that the victims were deceiving as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the lower court and the first instance court prior to remand, the following facts are recognized.

(A) On October 2007, the Defendant established G Co., Ltd. (hereinafter “instant company”) for the purpose of running business, such as planning and management of performances, and operation of carpets. From September 2008, the instant company entered into a contract on joint operation and investment with multiple individual investors at each place of business, and opened and operated AE carpets, Arabics, I carpets, and N carpets (hereinafter “instant carpets”).

(B) On April 2010, the Defendant received KRW 50 million from the victim E, KRW 75 million from the victim D, and KRW 75 million from theO for each investment purpose with respect to the joint operation of the instant car page.

The main contents of each investment contract concluded between the instant company, the victims, and theO were to distribute profits from the operation of the instant car page to the instant company, and to return the full amount of the investment funds after two years after using the deposited money, etc. However, the distribution ratio of profits under each investment contract was 25% for the instant victims E, 40% for the victims D, and 40% for theO.

(C) The victim E was transferred to the Defendant’s high school, and the victim D was first aware of the Defendant’s introduction with respect to the said investment. The victims were aware that only each of the instant car page was a joint investor, and the victims did not listen to the Defendant as to the existence of each of the victims.

(D) The victims are as above.