The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for three years.

However, from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant’s act of receiving money from the victim H, G, K, andO under the pretext of investment funds constitutes a crime of fraud.

However, since the defendant's act does not constitute fraud for the following reasons, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

① The victim H and G portion: The Defendant did not commit deception on the ground that the Defendant actually promoted the bail processing project that was promised to the victims, and was able to receive 10% of the monthly earnings agreed upon, but subsequently, failed to pay the victims the principal of investment and earnings due to unexpected circumstances, such as not timely payment of investment funds.

② The part of the Victim K: The Defendant only provided L to L with money by using only two to three days L, and requesting a return return of money by requesting it, and only provided L with money from the person who believed it, and the Defendant did not have the intention of defraudation.

③ Victim O: The Defendant used the money received from the victim as stated in the victim’s statement for release on bail and paid the actual agreed profits, and subsequently, H, G, and K could no longer pay the principal and profits of the investment to the victim as a result of the discontinuance of the business after filing a complaint by the Defendant, and there was no fact that the Defendant committed deception.

2) The sentence sentenced by the lower court to the Defendant (four years of suspended sentence for three years of imprisonment) is too unreasonable.

B. The lower court erred by misapprehending the facts as to the Defendant’s payment of the profits to the investors of the victim G and H (hereinafter “the instant investors”), and did not bear the obligation to pay the profits directly to the said investors. Therefore, the said victims paid the profits to the said investors.