A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. The sentence imposed by the lower court (three years of suspended execution in February of one year and two, and one hundred and sixty hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. It is necessary to strictly punish the act of fund-raising without permission, because it is highly harmful to society by harming the foundation of sound economic activities, distorted market economy order, and harming the general public by massing an unspecified number of victims in a short period.

Considering the period during which the act of receiving the instant case was conducted (from July 26, 2017 to September 30, 2017) and the scale of the said act (total amount of KRW 3868,00,000), the Defendant’s liability is not less than that of the crime.

The defendant has been sentenced to a fine on three occasions.

However, by recognizing all of the crimes of this case, the defendant has shown not only cooperation in investigation but also his attitude to repent of his mistake.

The defendant sent the investment funds received from the victims to the electronic currency exchange, purchased Bitcoin, sent the purchased Bitcoin to the D account, and he received the corresponding allowances from D. The victims' investment funds seems to have been finally reverted to D.

Defendant

It is also a victim who has invested a large amount of money in D.

The Defendant agreed with the victim P (amount received), Q (amount to KRW 2.60,00), R (amount to KRW 7.49,000), S (amount to KRW 1.7 million), and T (amount to KRW 4.39,000), and the victim did not want to be punished by the Defendant.

There is no criminal record of the defendant, who is the same as the crime of this case or suspended execution or more.

Defendant has family members to be supported.

In addition, in full view of the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and result thereof, etc., and all the sentencing factors as shown in the arguments, the court below shall be sentenced.