A defendant shall be punished by imprisonment for not less than two years and six months.

A. Regarding the misunderstanding of facts and misapprehension of the legal principles, the Defendant did not commit deception against the victims in order to attract them to the victim L, M, N,O, P, Q, T, U (hereinafter “the victims”) of the criminal facts in the judgment of the first instance on November 20, 201 and on April 10, 2012 (hereinafter “each number system of this case”) organized by himself/herself around November 20, 201 and around April 10, 2012.

The victims are voluntarily admitted to each number system of this case because they have experience in giving normal guidances to the defendant's friendship with the defendant or in the past's management.

In addition, the defendant was operating each number system of this case such as paying guidance money to the members who fall into the vehicle, and the ability to pay guidance in the number system is irrelevant to the decision-making of the members of the fraternity, so that the defendant was not capable of paying guidance money at the time of commencing the number system, the defendant was the owner at the time of commencing the number system.

Even if the defendant had the intention to commit the crime of defraudation,

shall not be deemed to exist.

Meanwhile, the Defendant, while operating a normal number system, was unable to pay a fraternity because some of the members of the fraternity (victim M, N,O, P, Q) were not paid a fraternity around May 2013, and thus, a crime of fraud is established only with respect to a fraternity that was received from the time when the fraternity was broken at least.

Nevertheless, the judgment of the court below which found the Defendant guilty of the fraud of each share of the first instance court's charges is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence that the court below sentenced to the defendant unfairly (the court below's judgment No. 1: imprisonment with prison labor for 2 years, and imprisonment for 2 months) is too unreasonable.

2. Determination

A. The Defendant filed each appeal against the lower judgment. On November 22, 2016, the appellate court shall jointly deliberate on each of the appeals against the Defendant.