The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts and misunderstanding of the legal principles, the Defendant invested shares in the borrowed money from the victims, and attempted to distribute profits to the victims, so there was no intention to commit fraud.

(2) The sentence of the lower court’s improper sentencing (one month imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination:

A. The lower court also asserted the same purport as the grounds for appeal, but the lower court rejected the Defendant’s assertion on the grounds that the Defendant did not have any grounds supporting that the Defendant actually invested in stocks or futures products, etc., and found the Defendant guilty of each of the instant charges.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, it was found that the defendant did not have any possibility that the defendant actually invested in the stocks or futures in the amount borrowed from the victims, or that there was no possibility of earning profits from the investment.

Since it is recognized that the defendant received money from the victims without the intent or ability to guarantee the above principal of the loan and the profits as agreed with the victims.

Recognized.

Therefore, the above judgment of the court below is just and there is no error of law by misunderstanding the facts alleged by the defendant or misunderstanding the legal principles.

(1) The Defendant invested international cushion gift and Korean program gift options with the money remitted by the victims.

It is argued that the material related to the revenue will be submitted.

However, even if we examine all the data submitted by the defendant, the national bank in the name of the defendant, and the transaction details of the passbook in the corporate bank, the money remitted by the defendant from the victims, etc.