The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles, D Co., Ltd. (hereinafter “D”) that the Defendant entered into a contract with victims for investment attraction consulting services (hereinafter “instant contract”) and provided consulting services to attract investments in good faith after receiving the retainer. However, the victims did not participate in the attraction of investments due to the reasons on the part of the victims.

In the process of concluding a contract, it did not make a speech or behavior to attract investment.

There was no intention of deception and deception.

B. The lower court’s sentence is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal doctrine and the evidence investigated by the appellate court, it seems that the Defendant committed deception stated in the facts charged, and had the intention of defraudation.

① The main contents of the instant contract are as follows.

Details of investment attraction consulting services: Remuneration of consulting services related to investment attraction and direct or indirect business related to investment attraction from domestic or foreign investors: A contract deposit and a part of the contract deposit shall be a successful fee agreement (at least 4% of the amount of investment at the time of success in investment attraction) separate from the retainer.

30% of the investment amount shall be paid in the shares of the invested company.

The contract period: In principle, the contract period shall be six months and shall be subsequently consulted at the time of extension.

The responsible limit and early termination: The consulting service shall be provided to the service requester and shall be provided with the completion report at the time of completion of the contract.

Where data or information provided by a service requester is false or false, all liability for the result incurred shall be borne by the service requester.

Where the service is terminated early while the service is being conducted, the service requester shall not claim the return of the expenses already paid to the service requester.

The defendant emphasizes the distinction between consulting services and investment attraction, and D is a contract of this case.