A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

2. In light of the favorable circumstances that the victims do not want punishment under the agreement with the victims, the defendant was sentenced to a heavy punishment at the court below, but the defendant neglected to pay damages more than 2 million won out of 59 million won under the agreement. The victims want to be punished again, and even though the defendant had given several opportunities in the trial, he does not have any effort to implement the agreement. The crime of this case is committed by deceiving the victims who were not involved in foreign exchange transactions and by deceiving them total sum of 63 million won, and there is a heavy liability for the crime. The defendant was committed, even though there was no actual profit, there was considerable lack of criminal law such as informing the victims of some of the investment funds under the name of the victims, such as return of some of the investment funds under the name of the names of the victims, and due to the fact that the defendant was negligent in paying damages more than 2 million won out of 59 million won, and the defendant's age, motive, character and behavior, circumstances, and circumstances before and after the crime of this case.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;