The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant is aware of the fact that he was an overseas drug export business from time when he was invested by the victim B (hereinafter “instant business”).

the Corporation has continuously promoted the Corporation.

The victim's consent was obtained even if the business site was changed from Libybya only.

Investment funds were used as business-related street funds, corporate establishment expenses, expenses, etc.

The victim did not commit deception to the victim, and there was no intention to obtain fraud.

B. The punishment of the lower court is too heavy.

2. Determination

A. A. (1) Determination of the assertion of mistake of facts (1) In a case where a person who received an investment at the time of the investment agreement obtains the investment money from the investor and uses it for the investment project explained by the investor, but makes a false statement as if the investor were to return the principal within a certain period of time, considering the relationship between the investor and the investor, the transactional situation, the investor’s experience, knowledge, character, occupation, and other specific circumstances at the time of the act, if the investor made an investment to entirely believe and make an investment in the agreement to return the principal, it may constitute a deception as a requirement for fraud. In such a case, the determination of whether the investor had the intent to receive the investment money from the damaged person as of September 26, 2013 should be made (see, e.g., Supreme Court Decision 2013Do3631, Sept. 26, 2013).

(1) The injured party in an investigative agency and an appellate court may allow the accused to export drugs by ascertaining that he/she has old and exert influence on his/her own.

was stated.

“A legal entity shall be established in Libybybya and shall not be later than one year.”