The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The Defendant asserted that misunderstanding of facts (2015 Gohap 228, 200 Gohap 228, and 200 Gohap 1) did not induce the Defendant to make investments by deceiving the victim G.

2) Therefore, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s punishment (three years of imprisonment) is too unreasonable.

2. Determination:

A. The lower court, based on each of the evidence indicated in the lower judgment, found the following facts based on the determination of the lower court on the assertion of misunderstanding of facts (2015 Gohap 228, and 200 Gohap 1).

[Judgment of the court below] ① around January 2008, G was introduced to the Defendant through R, one’s university’s owner, and the Defendant graduated from the Korea National University F division, and the Defendant was related to the shares in the school guarantee right.

It is possible to make an investment at a place of the right to guarantee the school, to grant a rent on behalf of the branch of the right to guarantee the school, and to make a decision on the employment of the child in the right to guarantee the school.

“In the event of investment in futures options, it is possible to create monthly profits without loss of principal.” At the end of January 2008, “in the event of investment in futures options, it is possible to create monthly profits without loss.”

The author proposed investment in futures options at the time of “........”

이에 G는 자신의 어머니인 H이 아파트를 매도 하여 여 윳 돈이 생기게 되자 피고인에게 집안 사정이 어려운데 일임하여 선물 옵션 투자를 맡기면 매월 400~500 만 원의 안정적인 수익이 발생하는 것이 확실한지 여러 차례 물어보아 피고인으로부터 그렇다는 대답을 들은 후 피고 인과 사이에 피고인이 증권계좌를 운용하되 그 대가로 선물 옵션 투자로 인한 수익을 5:5 로 나누기로 하고, 2008. 5. 2. H 명의로 대치 지점 교보증권계좌를 개설하면서 아파트 매도대금 중 2억 원을 위 증권계좌에 입금하였다.

In addition, G is the same day.