The judgment below

The guilty part shall be reversed.

The fraud of the attached list of crimes (2) in the judgment of the court below is acquitted.

1. Summary of grounds for appeal;

A. The victims of the instant case were aware of, or could easily confirm, the fact that the Defendant (as to the guilty portion: misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) or misunderstanding of legal principles, while attending an auction class, the case number, etc. already notified by the Defendant, and thus, the Defendant did not have a duty to notify the victims thereof.

In addition, since other students asked the defendant about the double auction of the real estate of this case at the time when the victims make an investment, they did not notify the victims of double auction, blanket auction, and senior investors only.

shall not be deemed to exist.

Ultimately, since the Defendant did not deceiving the victims, the lower court erred by misapprehending the fact that the lower court convicted the victims, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The punishment of the lower court is too heavy.

B. According to the relevant evidence, such as the prosecutor’s statement (misunderstanding of facts as to the portion of a crime without fault), the fact that the defendant deceivings the victims to acquire money can be recognized.

Nevertheless, the court below erred by misapprehending the legal principles.

2. Determination

A. The following facts can be acknowledged in full view of the judgment of misunderstanding the facts or misapprehension of the legal principles of the defendant (guilty part) 1), the evidence examined in the lower court and the trial, and the substantial facts in this court.

① On October 2014, the victims registered as 106 general education Bans of D Co., Ltd. (hereinafter referred to as “Co., Ltd.”) around 2014, and received real estate auction education from October 13, 2014 to December 3, 2014. On November 24, 2014, when the above lectures are terminated, the victims took lectures of real estate auction education. On November 24, 2014, the records of the examination of the witnesses of the lower court were “the date of examination of the witness H.”