The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. 1) In relation to the instant fraud, there is no fact that the Defendant was deceptioned from D, and there was no deception for victims in collusion with D, etc. with regard to the crime of violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, the Defendant did not agree to pay the victims the total amount of contributions or the amount in excess thereof.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles as to the assertion of fraud 1) The following circumstances are satisfied, namely, ① the crime of deception in fraud is not required to be conclusive but dolusent. Even if the defendant's statement was based on his own statement, the defendant did not know about the operation structure of Rodrider. Considering the defendant's previous work experience, it is difficult to understand the fact that there was no dolusent awareness about the risk of loss due to investment, ② Paragraph 3 of the investment certificate written by C and the victims through the defendant stated that "A may cause loss to the business of "A" according to the victim's investment," but the defendant also did not have any reason to believe that there was a misunderstanding of legal principles or misunderstanding of legal reasoning as to the crime of deception.