Defendant

All A and prosecutor appeals are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s fraud against BNK Capital Co., Ltd. (A) and Defendant A’s fraud constituted Defendant BNK Capital (hereinafter “BNK Capital”).

The trading officer explained the VIP experience marketing free of charge to BNK Capital and notified that the claim to be transferred to BNK Capital is a claim to be concluded with the VIP experience marketing customers, and the BNK Capital was well aware of this content, and thus, Defendant A was subjected to deception.

subsection (b) of this section.

B) The Defendant A did not provide shares in return for an illegal solicitation.

C) Of the provisional payments for embezzlement, the amount equivalent to the amount equivalent to the Defendant A’s temporary payments is M Co., Ltd. (hereinafter “M”).

and CO (hereinafter referred to as "O")

Inasmuch as it is used for the operation of this section, it does not constitute embezzlement.

D) Defendant A planned and promoted VIP-based marketing to develop a new profit-making model of M with respect to customers; Defendant A planned and promoted the M’s new profit-making marketing; and the failure of business management in progress is not only the discontinuance of the rental fee support, but does not intend to obtain pecuniary benefits from the beginning; thus, Defendant A did not intend to obtain pecuniary benefits from the beginning.

2) Taking into account the fact that the damage of BNK Capital was almost recovered through the receipt of unfair sentencing rates and re-purchases, and the recovery of sound vibration exercise devices, etc., the punishment (eight years of imprisonment) sentenced by the lower court to Defendant A is too unreasonable.

B. Prosecutor 1) In light of the circumstances such as Defendant D and E’s mistake of facts and misapprehension of legal principles, and the head of the accounting team, etc. of M andO, Defendant D and E are not mere employees who are practically authorized and responsible for the company’s operation, and the above Defendants were well aware of M andO’s financial standing and marketing of VIP experience, and the above Defendants were present at the BNK Capital Co., Ltd., the above Defendants committed fraud in collusion with A.