The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) is not the fact that the defendant deceptions the victim as stated in the facts of crime in the judgment below

In fact, the Defendant had the intent and ability to pay the principal and the profits to the victim through fund management.

2. An ex officio determination prosecutor filed an application for modification of a bill of amendment to the indictment with the facts stated in the facts constituting the offense of the judgment below, which was followed by the judgment below, and this court permitted this and changed the subject of the judgment.

Therefore, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment below is reversed and it is again decided as follows.

[C] Around April 2015, the Defendant made a false statement to the effect that “I will make an investment profit by 5% per month by making an investment to the victim D.”

However, even if the Defendant received the investment money from the victim, the Defendant was scheduled to use it as a “defluence” for the return of the investment money to the previous FF investors, etc. and for the payment of the profits, so there was no intention or ability to pay 5% monthly profits as agreed upon by the victim.

The Defendant received KRW 10 million from the victim to the G bank account (H) in the name of the Defendant on the 30th day of the same month.

Summary of Evidence

The summary of the evidence recognized by this court is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

The Defendant’s assertion on the part of deception deleted due to the change in the facts charged to the effect that the Defendant did not directly deception the victim, and had the intent and ability to pay the principal and the profits by operating the received funds.