The part, excluding the rejection of an application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for three years.

Therefore, among the judgment below, the rejection of each of the above orders for compensation is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1’s assertion of mistake of the facts (as to the part 1’s net crime table (3) of the judgment of the court below in the case of the 2019 High Order 2058, the Defendant was aware that L Co., Ltd. (hereinafter “L”) around January 30, 2016 was operating normally, and invested in L with the amount exceeding KRW 32 million from the victim B, and the Defendant also invested in money exceeding KRW 200 million, the court below found the Defendant guilty of this part of the facts charged. However, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment, on January 30, 2016.

2) The sentencing of the lower court (two years of imprisonment with prison labor) is too unreasonable.

B. In light of the following circumstances, the lower court’s sentencing is too unhued and unreasonable.

(1) The need for additional collection under Article 6 (1) of the Act on Special Cases concerning the Confiscation and Restoration of Property Decomposed (hereinafter referred to as the "Act on the Loss of Decomposed Property") is recognized.

② The amount of damage to the facts charged of the instant case reaches KRW 450,000,000, and not repaid and agreed to the victims properly, and the Defendant was punished for the same kind of crime and committed the instant crime during the suspension of execution.

3. Determination

A. Part 1 of the Defendant’s assertion of misunderstanding of facts is that the criminal intent of defraudation, which is a subjective constituent element of fraud, is not the confession of the Defendant.