A defendant shall be punished by imprisonment for not more than ten months.

A. In regard to fraud, misunderstanding of facts and misunderstanding of legal principles 1), the Defendant promoted illegal futures loan account projects using the futures option loan account program (hereinafter “the Defendant’s assertion”) from the beginning with the victim D, I and I, and the Defendant stated it as a means of public relations. The amount received from the victim D is funds for business, such as the cost to purchase the HTS program that the said victim decided to make an investment pursuant to the said business agreement. The Defendant spent the cost to purchase, promote, and promote the HTS program in line with its intended purpose, but did not proceed properly differently from the expectation of the said business. On the contrary, the lower court found the Defendant guilty of this part of the facts charged based on the victim D and I’s unilateral statement that the victim D believed that it was investing in the legitimate stock information site business, and paid money to the Defendant on the basis of the victim D and I’s unilateral statement, and thus, it is difficult to view that the Defendant did not have any injury to the victim’s daily life without any natural injury.

In relation to the injury or damage of the victim on January 20, 2019, there is no fact that the victim injured the victim or damaged the victim's cell phone with pentry.

Therefore, the judgment of the court below which found all of the facts charged guilty is erroneous in misconception of facts and misapprehension of legal principles.

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

2. Determination

A. As to the 1st fraud in determining the mistake of facts and misapprehension of legal principles, the Defendant argued to the same effect as this part of the judgment below, and the lower court on the Defendant’s and his defense counsel’s assertion among the said judgment.