Defendants shall be punished by imprisonment for seven months.

However, this judgment is delivered against Defendant A.

A. Defendant B and Defendant A (hereinafter collectively referred to as “Defendant et al.”) trusted the horses and advertisements of K to the effect that “There is no investment risk, while there is no investment risk, they may make a profit at least 10% per month in certain market conditions,” and solicited the victim to make an investment in derivatives operated by K.

The victim is to hear the statements of the defendant, etc. and K is the operator of the investment fund and invested in derivatives in the amount of KRW 50 million.

In this process, the defendant et al. did not belong to the victim and did not have the intention of fraud.

B. The sentence imposed by the lower court on the Defendants (each of eight months of imprisonment) on the Defendants’ assertion of unfair sentencing is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for permission to amend an indictment with the content that the facts charged are changed as stated in the following facts charged, and the court permitted this and changed the subject of the judgment, which led to no longer maintained as it is.

Although there are such reasons for ex officio reversal, Defendant B’s assertion of misunderstanding of facts is still subject to a judgment of the competent court, which will be examined below.

B. In light of the following circumstances revealed by the evidence duly adopted and examined in the lower court’s judgment on Defendant B’s assertion of mistake of facts, the Defendant et al. was able to have a principal loss due to investment in derivatives, and the amount of profit equivalent to KRW 2.5 million per month is not clear, and the Defendant et al. stated that K, the operator of the investment money, was not liable for the principal loss due to investment while he/she was unaware of the existence of an agreement on the payment of profit between the Defendant and the victim, but the principal loss due to investment did not amount to

In addition, 50% of this shall be the victim every month in order to generate more than 10% of the investment principal of each month.