A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

A. The Defendant did not borrow a loan from the victim that it was invested, but actually paid 10 million won out of the money received from the victim as the program development cost.

However, since the program was not produced due to the following circumstances, the victim tried to return money after the criminal trial that was conducted at the time, but only he/she did not pay money.

Therefore, the defendant deceivings the victim.

It can not be said that there was a criminal intent to acquire by deception or to commit a crime against the defendant.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too heavy.

2. Determination

A. Considering that the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles is as follows, it can be sufficiently recognized that the defendant deceivings the victim as stated in the judgment of the court below, and that the defendant has the intent to commit the crime of deception.

This part of the defendant's assertion is without merit.

1) On April 201, the Defendant is under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”) around April 201.

On April 27, 2012, the unmanned trading prohibited by Article 11 was exposed to and investigated as a lending company for financial investment business and opened an illegal futures trading site using the private futures investment brokerage and home trading system HTS program, recruited its members, and if the members pay a certain ratio of commission fees, the defendant who is deposited with the customer deposit money is allowed to engage in futures trading by using the account in the name of the company operated by the member, and in return, conducts financial investment business without obtaining authorization from the Financial Services Commission by obtaining money equivalent to a certain ratio of transaction in the name of account use and brokerage commission from the members.