The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of the legal principle (Fraud part) did not have the intent to obtain fraud, and trust the G, and there was no conspiracy to commit the instant crime, and the Defendant’s act without conducting an investigation into G cannot be readily concluded to constitute fraud.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Although the Defendant alleged the same purport in the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal doctrine, the lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence duly adopted and examined, and rejected the Defendant’s above assertion on the grounds of detailed reasons in the part of “the Defendant and

In addition to the fact-finding and judgment of the lower court, ① the Defendant, together with G or independently, provided an active investment explanation or investment recommendation to the victims, and received a considerable amount of money from the victims who were deceptioned, and there was no other profit-making projects undertaken by the I at the time, and eventually, the victims’ profits received from March 2016 are part of the investment funds already paid by the victims, which can be deemed as the fund management of the “manner”, and this can only be recognized regardless of whether the funds were investigated into the G account, ② the instant investment funds were left Korea on September 14, 2015 (current stay in Korea) and were received after the date when the Defendant prepared an investment agreement to the victims, ③ the time when the Defendant received the investment funds, ③ the time when the Defendant prepared and issued the investment certificate, and the time when the funds were prepared and received from the victims (victim E, C) or the victims (victim F, B, and the victims) or at least the victims’ trust in the Defendant due to various acts as above.