The defendant shall be innocent.

A. As to Defendant 1’s fraud described in paragraph (1) of the instant facts charged, the Defendant did not deception F and G as stated in the facts charged, and F and G were “D Co., Ltd.” (former trade name was changed to “D Co., Ltd.”), and changed to the current trade name on November 23, 2015.

The representative director I merely invested money in accordance with his own judgment after hearing a business explanation from the representative director I (hereinafter “instant company”).

B) With respect to the fraud described in Article 2 of the facts charged in the instant case, the Defendant merely failed to re-investment KRW 27 million by giving up the shares of the instant company by G, and instead did not defraud KRW 27 million from I to the representative director of the instant company without intent or ability to re-investment from the beginning.

2) The sentence of the lower court’s improper sentencing (six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant was accompanying the name of the representative director in the instant company established for the purpose of electronic commerce business, etc. on February 27, 2014, even if not the actual representative director.

1) On August 2015, the Defendant: (a) around the end of the period of time, the victim F and G were the victim F and G, in the foregoing company office located in Seojin-gu, Seoul; and (b) the victim F and G, known to the general public, “ our company is a general shopping mall such as recreation or market; (c) now, many things have been raised and all open.

If an investment of KRW 50 million is made, 10% of the equity will be paid.

In order to make an investment in our company, it made a false statement to the effect that it can be punished for a few hundred million won per month.

However, in fact, the company has little assets and the office house was used by leasing the office house, and the shopping mall has not been opened due to the lack of funds.