All of the Prosecutor and the Defendants’ appeals are dismissed.

1. Summary of grounds for appeal;

A. The sentence sentenced by the public prosecutor (two years of suspended execution and confiscation, one year of community service, two years of suspended execution in six months of imprisonment) is too uneasable and unfair.

B. As to Defendant A1’s mistake of facts, the victim knew that 100 million won invested by himself would be used as expenses for the establishment of an asset management company, etc. In fact, the said money was used as expenses for the establishment of an asset management company. Therefore, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous in the misapprehension of facts and affecting the conclusion of the judgment. 2) The sentence imposed by the court of unfair sentencing on the above Defendant is too unreasonable.

C. Defendant B’s punishment sentenced to the above Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim stated that the above defendant used his own investment money as capital in the establishment of an asset management company and recommended investment (Article 1 and Article 29 of the Investigation Record). Even according to the investment agreement made between the above defendant and the victim, the defendant stated that "the amount invested by the victim is used to create an initial investment billion won for the establishment of a domestic investment advisory company, and the investment is carried out after consultation with all schedule and investment." (Article 11 of the Investigation Record). (2) The above defendant stated that "the victim was aware that it was necessary to establish an asset management company" to the effect that "the victim was 2 billion won in capital, because it was known that it was necessary to establish an asset management company, and thus, the victim suffered a large amount of money in connection with the establishment of the corporation (Article 2924 of the Investigation Record). (3) The above defendant himself.