A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

A. The Defendant did not intend to acquire money from the victim because the Defendant thought that it was a good business by deceiving the F and soliciting investment to the victim D.

In addition, the delivery of the investment money received by the defendant from the victim to other investors is made at F's request, and the defendant does not receive the investment money from the victim for personal use without the intention of delivering the investment money to F.

B. The sentence of the judgment of the court below on unreasonable sentencing (4 months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, the Defendant: (a) purchased fishery products from the victim via an auction in Busan, and sold them in the E market; and (b) solicited the victim to invest in money on several occasions; (c) however, F did not purchase fishery products in Busan, but imported and sold them in China; (d) there was no way to verify whether F actually made profits from the business; (b) K, a management director of the J Association, did not make an investment in the Association; and (c) the Defendant was entrusted with the authority to operate the Association; (d) some of the investment funds received from the victim was paid to the victim as the profits from the existing investors; and (e) the victim was also willing to pay the victim the profits from the investment funds received from another place; (e) there was no way to confirm whether F actually made profits from the business.

As above, the earnings paid to the investors by JN are not derived from the trade of fishery products, but investment funds paid by other investors.