The judgment below

The part concerning the accused case shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed by the defendant, who received an investment money from many people in relation to the resale of the right to sell apartment houses from the high profits, and was unable to raise the investment return due to the invasion of the real estate competition, and paid the investment return under the name of "defluence" using the investment money received from other investors, and then, in order to raise more funds to cover losses, the crime of this case was committed by deceiving the victims of this case and receiving a large amount of amount of KRW 70 million in total under the name of investment in the resale of the right to sell apartment houses, etc., and the crime was very poor. Above all, the defendant went through the police's escape after receiving the complaint from the victims, and caused the damage to other victims by soliciting the investment in the right to sell apartment houses after receiving the complaint from the victims, and even if it has not yet been properly damaged before and after the crime was committed, it should be punished strictly by taking into account the circumstances of the crime, such as where the actual damage to the victims has not yet been properly caused.

However, in light of the circumstances such as the fact that the defendant had little history of punishment before, among the victims of this case, P and AJ withdrawn a complaint, and the victim K was also withdrawn by the original agreement with the defendant, the four-year imprisonment sentenced by the court below seems to be somewhat unreasonable.

3. In conclusion, the part concerning the accused case among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of facts and evidence admitted by the court is the facts constituting the crime of the court below.

2. The victim;