The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

The part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) does not mean that the defendant has promised to guarantee the principal to the victim G, and if such principal guarantee promise is excluded, the remaining deception stated in the facts of the crime is ambiguous and weak, and does not constitute deception in fraud.

In addition, even though the Defendant had sufficient intent and ability to return the investment money at the time of receiving the investment from the victimized party and the occurrence of an unexpected financial crisis, the Defendant continued to pay the proceeds until October 9, 2010, and did not meet the loss incurred thereby and failed to return part of the principal, and the Defendant had the intent to commit the crime of defraudation.

shall not be deemed to exist.

Although the Defendant promised to guarantee the principal to the victim M, this is merely an expression of intent to make maximum efforts for profit in the nature of the investment, and in any case, it cannot be deemed that the Defendant agreed to guarantee the principal. There is no doubt that the victim operates the victim N, and the victim was only interested in the investment interest, and thus, the Defendant was said to have lent to the small and medium enterprise, even though the Defendant was said to have made investments to the individual.

The act of deception can not be considered as a deception.

In addition, the Defendant was unable to pay the principal and interest to the victim because the Defendant had sufficient intent and ability to return the investment money at the time of receiving the investment from the damaged party and provided Q with the invested money from the damaged party, and the Defendant had the intent to commit the crime of defraudation.

shall not be deemed to exist.

The punishment sentenced by the court below (three years of imprisonment, four years of suspended execution, etc.) is too unreasonable.

On February 2008, the defendant of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the judgment of misunderstanding of facts or misunderstanding of legal principles.