A. According to the evidence submitted by the prosecutor, although the defendants committed an act of receiving money from AG, AH and AF related to Q, and the defendant B, AH and AF by deceiving the above AG, AH and AF, and acquired money as investment funds for Q Q, the court below acquitted the defendants of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts.

B. Each sentence of the lower court (one year of imprisonment for Defendant A, and one year and six months of imprisonment for Defendant A) against Defendant A, B, and B is too unreasonable.

2. Determination

A. The lower court stated that the prosecutor’s assertion of mistake of facts is as follows: (a) as to the remainder of money excluding KRW 53 million remitted on March 24, 2017 and February 25, 2017, the court below stated that “The amount of investment in the V source housing business” was “the amount of investment in the V source housing business”; (b) the Defendants agreed to collect the above V source housing business investment and paid interest to the large number of investors; and (c) the Defendants did not hear the intent to make dividends in any way; and (b) AH did not appear to have told that they would make dividends; and (c) it is difficult to acknowledge that the Defendants were paid the total amount of investment funds to AF or the amount of investment funds to the extent that there is no reasonable evidence to support the Defendants’ submission of the facts charged; and (d) it is difficult to acknowledge that the Defendants were aware that the Defendants were to receive dividends from AF on May 1, 2017.”