All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) When recommending the victim to make an investment, Defendant 1 explains specific investment conditions and profit structure, and Defendant B (hereinafter “B”) operated by the Defendant.

A) A sufficient notice of the business difficulties of the Defendant was sufficiently informed and did not promise to distribute monthly fixed earnings. A victim’s investment did not pay profits to the victim because of the serious relationship between the management difficulties of B after the victim’s investment, and did not receive the investment money from the victim intentionally. In addition, the Defendant’s transfer of the money in the name of B to the Defendant’s account from the beginning. Moreover, the Defendant’s transfer of the money in the name of B to the Defendant’s name was merely for dealing with the personnel expenses of employees or the money to be paid to the business partner due to the financial difficulties of B at the time, and the Defendant did not personally use the money. In addition, the Defendant’s transfer of the money in the name of B to the Defendant’s account was not for personal use. In addition, the amount of KRW 7 million listed in the list of crimes No. 7 in the judgment of the lower court was the money borrowed by the Defendant as an individual from the victim, and the cash amount of KRW 6 million listed in No. 18 in the judgment below did not have been paid at all by the Defendant.

B. A prosecutor 1) According to the statement of the victim of mistake of facts, etc., the court below found the defendant not guilty of this part of the facts charged on July 5, 2018, although the defendant had the victim transfer 3.5 million won to the I's account designated by the defendant on July 5, 2018, as stated in No. 16 of the crime list No. 16 of the judgment of the court below. 2) The sentence of imprisonment (10 months) by the court below is too uneasible.