All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles from September 30, 2016 to November 28, 2016, as to fraud with respect to the portion of KRW 80 million received from the victim C as investment from the victim B from October 27, 2016, and as to the part of which KRW 100 million was paid from the victim B as investment from October 27, 2016, the Defendant was not only capable of investing KRW 200 million at the time, but also used the investment money received from the above victims to the construction cost according to the purpose of use, so there was no criminal intent to obtain by deceit. 2) The punishment (the judgment of the court below 1: imprisonment with prison labor for 1 year and 2 months, and imprisonment with labor for 8 months) sentenced by the court of unfair sentencing

B. The sentence of the first instance judgment by the prosecutor is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor. Since each case of the judgment of the court below that the defendant appealed in the trial of the court below, each crime of the judgment of the court below against the defendant is concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and a single punishment should be imposed at the same time in accordance with Article 38 of the Criminal Act, the judgment of the court below that sentenced a separate punishment for each of the above crimes can no longer be maintained.

However, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

3. The lower court determined the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the Defendant, while engaging in the business with the victims, committed as if he had already invested KRW 200 million, and received a large amount of money from the victims under the pretext of investment in the business, and the victims would not have received a proper notice from the Defendant