All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

1. Summary of grounds for appeal;

A. In fact, the Defendant had believed the ability to invest in the system programs of E and G in the operation of the Dispute Resolution Co., Ltd. and received investments from the victims, and the said people could not refund the investment funds to the victims as they failed to return the principal of the investment.

Therefore, the defendant had the intention to obtain money from the victims by fraud.

Although it cannot be seen, the lower court erred by misunderstanding the facts charged, thereby finding the Defendant guilty.

B. In light of the fact that a considerable portion of the amount of damage caused by the wrongful allegation in sentencing has been returned and that there are circumstances that may be considered in the course of committing the crime, the punishment of each lower court (No. 1: imprisonment with prison labor: 8 months, and 2: imprisonment with prison labor for one year) is too unreasonable.

2. Ex officio determination

A. With respect to the judgment of the court of first instance, where it is recognized that special cases concerning the trial proceedings in the first instance court are acknowledged pursuant to Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”), and the location of the defendant cannot be confirmed even after six months have passed since a report on the failure to serve on the defendant was received, the case may be tried without the defendant’s statement, as prescribed by the rules of the Supreme Court, if it is impossible to confirm the location of the defendant by the time six months have passed since the report on failure to serve on the defendant was received.

However, in case where a defendant who was convicted under the special provisions of this case was unable to attend the trial due to a cause for which he could not be held responsible, the defendant, etc. may request a retrial to the first instance court within 14 days from the date on which he became aware of the fact that the judgment was made pursuant to Article 23-2 (1) of the Litigation Promotion Act (hereinafter “the retrial provision of this case”). If the defendant, etc. could not request a retrial during the above period due to a cause for which he could not be held responsible, he may not request a retrial.