All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the first instance judgment) (1) with respect to the fraud committed by the Defendant on July 21, 2015, the amount of damage caused by the Defendant is KRW 75 million, and the remainder of KRW 75 million is acquired by Ma. ② As to the fraud committed on November 6, 2015, the victim L was invested in KRW 149,145,800 from P, a third party, and there was no fact that the Defendant obtained pecuniary benefits of KRW 149,145,800 from the victim as stated in the facts charged, and there was no fact that the Defendant acquired pecuniary benefits of KRW 149,145,80 from the victim as stated in the facts charged. 2) The first instance judgment of unfair sentencing (two years of imprisonment) and the second lower judgment of KRW 2 (one year of imprisonment) are too unreasonable.

B. The sentence of the first original judgment of the prosecutor (two years of imprisonment) is too uneased and unreasonable.

2. The first and second original judgments were rendered on the defendant for ex officio judgment, and both appeals were filed against the first and second original judgments, and this court rendered a decision to jointly deliberate on the above two cases.

Since the first and second court's crimes against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) of the Criminal Act, the first and second court's judgment cannot be maintained as it is.

However, despite the above reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is examined below.

3. Judgment on the assertion of mistake of facts

A. On July 21, 2015, the Defendant led to the confession of this part of the facts charged at the lower court.

In this case, the court below and this court asserted that M acquired half of the amount of the acquired money out of this part of the crime. The facts that can be recognized by the evidence duly adopted and investigated by the court below and this court, i.e., the defendant presented M&A to the victim and transferred the amount of KRW 150 million to the law firm N account on July 21, 2015.