Defendants shall be punished by imprisonment for four months.

However, as to Defendant B, this shall not apply.

A. Defendant A (1) In the original adjudication of mistake of facts, Defendant A (A) did not deceiving the victim H, and even the money transferred from H was transferred from November 16, 201, the sum of KRW 20 million on November 16, 201, and KRW 17 million on the same month.

(B) The crime No. 3 of the judgment of the court below is a crime committed independently by Defendant B.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. Defendant B (1) is merely a receipt of an opportunity for stock investment, not a mistake of facts or misunderstanding of legal principles, but a receipt of an opportunity for stock investment. Therefore, fraud is not established.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to Defendant A’s assertion of mistake of facts, the fact that Defendant A, by deceiving the victim H, has received KRW 10 million around October 23, 201, KRW 10 million around October 28, 201, KRW 16,16,000,000 on November 16, 201, and KRW 40 million around November 17, 201, can be acknowledged, so this part of the allegation by Defendant A is without merit.

B. As to Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles, Defendant B’s acquisition of the right to operate a stock investment fund transferred from victims constitutes property interest, which is an object of fraud, and thus, Defendant B’s assertion on this part is without merit

C. As to the Defendants’ assertion of unfair sentencing, comprehensively taking account of the following: (a) all of the sentencing conditions indicated in the instant records and arguments and the Defendants were only authorized to operate the share account from the victim; (b) did not withdraw the money deposited in the said account in mind; and (c) there was considerable negligence in the occurrence of the instant damage, such as the victims’ investment in the promise to guarantee an luxed return of profit; and (d) Defendant B did not have any criminal record, misjudgments, and deposited KRW 7 million with the victim F, the lower court’s punishment against the Defendants is too unreasonable.

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