The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The first instance court’s judgment against the judgment of the first instance on the charge of fraud against the victim D among the facts charged, rendered a judgment of innocence, and rendered a judgment of conviction on the remaining victim E, and only the Defendant appealed on the guilty part of the judgment of the first instance.

Therefore, since the part of the judgment of the court of first instance, which was not appealed by the defendant and the prosecutor, is separated and confirmed as it is, the part of the judgment of the court of first instance is excluded from the scope of the judgment of this court, and only the part of the judgment of the court

2. Summary of reasons for appeal;

A. Of the judgment of the first instance court, the victim E is guilty of fraud. 1) The victim E is erroneous in the misapprehension of the legal principle, or the defendant is sent by the victim E upon first request for investment.

The lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal principles or adversely affecting the conclusion of the judgment, although it was not true that it invested KRW 30 million in foreign currency futures, and did not deceiving the said victim as stated in this part of the facts charged.

2) In light of the various circumstances of this case’s unfair sentencing, the sentence sentenced by the first instance court to the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence sentenced by the second instance court against the Defendant (one year and two years of imprisonment, one year and two years of suspended execution) is too unreasonable in light of the various circumstances of the instant case (unfair sentencing).

3. The judgment of this Court

A. We examine ex officio the judgment, and the defendant filed an appeal against the guilty portion of the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold the above two appeals together.

Of the judgment of the court of first instance against the defendant, the guilty portion of the judgment of the court of first instance and each of the second judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act.