The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles ① The contractual relationship between the Defendant and the victims is an anonymous association relationship as well as a deposit account (corporate bank G and hereinafter “instant deposit account”) in which the victims’ investment funds are deposited.

Since the Defendant’s personal account is the victim’s personal account, the Defendant cannot be deemed to have the status of custody of the victims’ investments. ② In addition, most of the investments received from the victims was used for the projects agreed with the victims through several remittance routes, and the Defendant spent the amount of the charges in this case for the instant business individually. As such, the Defendant’s intent of unlawful acquisition is not recognized. 2) Even if the Defendant was found guilty of unreasonable sentencing, the lower court’s sentencing (one year of imprisonment) is too unreasonable.

B. The judgment of the court below which acquitted the defendant on the ground that part of the charges of this case cannot be viewed as using a partner's money on the ground that the defendant's money was partially deposited in the above account, although the prosecutor used the funds of the victims deposited in the savings account of this case for personal purposes, was erroneous in the misapprehension of legal principles or erroneous in

2. Determination

가. 이 사건 공소사실의 요지 피고인은 2011. 12. 20.경 부산 해운대구 C 소재 D 커피�에서 피해자 E, F와 공동으로 투자하여 화장품 판매회사를 설립ㆍ운영하기로 협의하고, 이 사건 예금계좌로 피해자 E으로부터 2011. 12. 28. 1억 원을, 2012. 1. 16. 4,000만 원을, 피해자 F로부터 2011. 12. 28. 1,000만 원을, 2011. 12. 30. 5,000만 원을, 2012. 1. 6. 4억 4,000만 원을 각 송금받아 총 6억 4,000만 원을 피해자들을 위해 보관하게 되었다.

In the meantime, the Defendant purchased for personal purposes on January 12, 2012, is a down payment for Ecuas car purchased on January 12, 201, and KRW 34050,000 to Hyundai Motor.