A. misunderstanding of facts [the point of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (2018 Highest 3911)] The defendant thought that the defendant would actually cultivate mountain ginseng as the investment money received from the victims and would pay the proceeds sold to the victims, and there was no intention on the act of fund-raising

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged a mistake of facts in the lower court also asserted the same as the grounds for appeal in this part.

In light of the following circumstances acknowledged by the evidence duly adopted and examined, the lower court determined that the Defendant’s intentional act on the receipt of an investment by pretending or iceing the transaction of goods can be recognized.

① Although S, the representative director of P agricultural partnership, was established for the purpose of selling mountain ginseng, it did not submit any material that actually cultivated mountain ginseng, and even if it did not pay management expenses for cultivating mountain ginseng, it is recognized that there was no volume harvested of mountain ginseng and no sales had been made.

② Since S was unable to pay investment funds to investors recruited by Y in connection with the mountain tri-cultural investment, it was difficult to affix a seal on the implementation note that P is responsible for the investment funds to investors as the chairperson of P.

In this situation, the defendant has been recruited and responsible for the investor to S, and he has received P name and S's passbook from S.

After that, the victims received investment funds from the victims in the same manner as criminal facts.

③ The Defendant had been aware of the fact that S had been urged from investors because it was unable to pay the investment money in relation to the investment related to the mountain ginseng in the mountain. Nevertheless, the Defendant did not verify whether S actually cultivated the mountain ginseng in P.