The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

All applications for compensation order filed by applicants.

1. Summary of grounds for appeal;

A. 1) As to the misunderstanding of facts (in relation to fraud), Defendant India’s investment in or fund-related fraud was not known to the entity of the tea or fund as the investor of the Fund, and it was merely to trust the explanation of the Defendant introduced the tea or fund and to recommend investment to investors. Therefore, there was no intent to commit fraud.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

2) As to the fraud related to yellow dust, the Defendant was promoting the business of producing the actual yellow dust, and there was no fact of deceiving the Victim F.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts: (a) the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below as to the fraud related to the tea or the fund; (b) the defendant, when investing in the tea or Lone Star Fund in the victims, paid 3% of the principal of the investment every day to the victims as profits and paid allowances to the victims; (c) however, the above tea or Lone Star Fund was actually operated; (d) whether the above funds are actually operated; and (e) whether the rehabilitation of the Gone Star Fund’s rehabilitation center, which is the financial resources of the above fund, exists; and (e) the defendant introduced the tea or Lone Star Fund for the first time in Busan area; and (e) it appears that the defendant led to the similar receipt in Busan area by serving as the head of the Busan Center, such as recruiting investors in Busan area and exercising the authority to manage them electronically; and (e) the defendant explained the profits from investment.