The judgment of the court below (excluding the part dismissing an application for compensation order) shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

The court below rejected the application for compensation by the applicant for compensation by the court below, and pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation order is immediately determined and excluded from the scope of the judgment of the court.

2. Summary of grounds for appeal;

A. The prosecutor (unfair sentencing) sentenced by the lower court (one year and six months of imprisonment) is too unhued and unfair.

B. Defendant 1) In fact, the Defendant received KRW 110 million from the injured party. However, at the time, the Defendant explained at the time that the injured party was able to make an investment in futures options, the risk of futures options, and the fact that the injured party was able to make an investment in futures options and pay 1% interest per month to the injured party with its profits. As such, the Defendant did not deceiving the injured party, nor had the intent and ability to make a change.

2) The sentence sentenced by the lower court is too unreasonable.

3. Determination

A. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in this case, and the lower court rejected the above assertion in its reasoning. In line with the above judgment of the lower court, the lower court’s determination is justifiable, and it did not err by misapprehending the facts and adversely affecting the conclusion of the judgment,

The defendant's assertion of mistake is not accepted.

B. We examine both the Defendant and the Prosecutor’s unreasonable argument of sentencing as to the Defendant and the Prosecutor’s unfair argument.

The Defendant had a record of committing the crime of fraud by a similar method and sentenced to a suspended sentence, and the amount of damage in this case reaches KRW 110 million, most of the damage has not yet been recovered, and the victim has lent money with the borrowed money and the old-age fund of his father and mother.