The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) the victim decided to make an investment in trust and reliance on the Defendant’s false remarks as stated in the facts charged in the instant

Since the defendant has consistently stated specific and consistently, the prosecutorial office stated that the victim did not know the accurate amount receivable of D Mart or that the victim did not produce accounting books, the defendant could recognize the fact that the victim deceivings the victim in relation to D Mart's financial status.

In addition, in light of the fact that the defendant has not used approximately KRW 100 million out of the investment money in connection with the operation of Mate, such as the use of the unpaid debt of D Mtete and the repayment of personal debt, and that he sells Mtete without the victim's consent and does not pay some of the proceeds of sale to the victim, the criminal intent of the

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the first instance trial, the prosecutor applied for changes in the indictment of this case as follows, and since this court permitted this, the judgment of the court below cannot be maintained as it is because the subject of the judgment was changed.

【Revised Facts constituting the Defendant’s charges】 From the “D Et” operated by the Defendant in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Seoul on May 8, 2015, the Victim E with “D Mt’s monthly sales amounting to approximately KRW 125 million, operating profit ratio to KRW 20-23%, and the outstanding amount is not much much.

In order to activate Mart, there is a difference in investment in D Mart. If you make an investment of KRW 150,000,000,000 per month until September 2015, 4% of investment profits will be paid from October 2015, and 3% of investment profits will be paid from October 2015.

In addition, the test will not dispose of D Mart without one party's consent.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, from January 1, 2015 to April 30, 2015, D Mart's sales amounted to approximately KRW 60 million, and approximately KRW 70 million to KRW 80 million.