All appeals by prosecutors are dismissed.

A. Although the Defendant received the instant money from the victim as stated in the facts constituting the crime in the judgment below, the Defendant cannot be deemed to have taken the Defendant by deceiving the victim, as he knew that the Defendant would invest the said money in a fund or company that is not a D company, but a personally invested the victim at the time.

B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts and evidence duly adopted and investigated by the court below and the trial court. ① The victim, from the investigative agency to the court below’s court, purchased the Fund of D insurance companies working for the Defendant, KRW 80 million, and around September 29, 2008, KRW 30 million as operating funds of the above D insurance companies, and the Defendant, from around September 30, 2008, delivered KRW 100 million to the Defendant for investment in the business invested by the above D insurance companies. ② The Defendant also received the above money from the victim under the name of operation funds of D insurance companies in relation to the above KRW 30 million from the investigation agency to the court below’s court, but the Defendant did not make a statement to the Defendant, including the victim, at least 300,000,0000,0000 from the victim’s investment company, and the Defendant did not lose its right to use it.