A. The defendant of mistake of facts only transferred the victims' money deposited into his own account under the direction of B, and did not mislead the victims in collusion with B.

Nevertheless, the judgment of the court below which found the Defendant guilty on a different premise is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. In light of the fact that there is no specific penalty power except for one fine in a minor case, and there is no personal benefit from the instant crime, the Defendant’s punishment by the lower court (three million won of a fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The judgment of the court below also argued that the defendant was not guilty of this part of the grounds for appeal, and the court below, based on the evidence duly admitted and investigated, determined that the facts of this case where the defendant conspired with the victim and acquired property from the victims and then acquired property from the victims of this case can be sufficiently recognized, in full view of the following facts: (i) B, around August 2017, referred to as "to pay dividends every day when investing money in futures option shares" to the victims who visited the Jung-gu Office in Daejeon-gu, Daejeon-gu; (ii) the defendant who was next, called "as soon as possible transfer money"; (ii) the victims remitted money totaling KRW 9.5 million to the F Association account in the name of the defendant; and (iii) the fact that the above money was used to pay money in installments other than the purpose of investment; and

B. The facts acknowledged by the court below 1 are as follows: ① although B led to soliciting the victims to make an investment in the shares, the Defendant also recommended investment in the shares together with B, as well as the following circumstances revealed through evidence duly adopted and examined by the court below and the court below.