The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. (1) The fact that the defendant of mistake of facts received money from the victims as a loan or an investment in the form of money as stated in the facts constituting a crime, but the defendant's company was a future company that started sales, and the victims decided to lend money or make an investment in accordance with their own decision under the recognition of the management situation or future status of such company, and the victims did not pay their debts to the victims on the wind that the management of the defendant company rapidly aggravated due to unexpected external factors, and did not deceiving them during the process of borrowing money or receiving investment money, nor did they have attempted to commit fraud.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court is too uneasible and unfair.

2. The defendant asserted a mistake of facts in the judgment of the court below, and the court below rejected the defendant's argument and its decision in detail. The court below stated the following circumstances, which are acknowledged by these evidence: ① the victims agreed to the effect that "it was not well known about the management situation of the bank in question, but the defendant lent money or invested in trust in the fact that the management situation of the bank in question is very good and the future business outlook is very clear; ② all victims are employees who were directly or indirectly related to the defendant's trade or who were in a transaction relationship or who were in a business relationship with the defendant with respect to the distribution or brokerage of the sheet in which the defendant had been operated separately."