Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for seven months.

A. The Defendants used the money received from the victims to conduct the business in fact while carrying out the business that the victims stated, and there is no deceitful act against the victims.

B. The sentence sentenced by the court below on unreasonable sentencing (the imprisonment of August and the imprisonment of 10 months) is too unreasonable.

2. Determination

A. The court below found the Defendants guilty of the facts charged in this case by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated. The court below held that the Defendants’ assertion of mistake was based on the following facts: (a) the investment cost requirement plan (No. 34 pages of the record) presented by the Defendants to the victims regarding the business of transferring the model was 4 million won of procin, (b) the vehicle siren cost of KRW 6 million of the model management cost (unused and the cost of operating the model), (c) 10 million of the model management cost (unused and the cost of operating the web site), and (d) other initial operation cost (the cost of operating the web site reorganization, the Lone Star program, the cost of operating the Gabbook), and (e) the Defendants’ daily life cost of KRW 10 million (the cost of managing the fund of KRW 43 million and KRW 50 million of the record-based marketing cost (the cost of using the fund of KRW 43 million of the victim's daily life cost).