The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Of the facts charged in the instant case, the victim K.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

(a) misunderstanding the fact (in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for victim K], the defendant has invested by attracting another person's funds at the time of investment;

D was the husband of D, who is the husband of D, forming an economic community in order to recover a lot of profits, intended to pay the victim K a profit in excess of the first promise to make a profit. In fact, the victim K was paid a profit in excess of approximately KRW 400 million, and thus, there was a criminal intent to obtain the victim K's funds from the Defendant.

shall not be deemed to exist.

B. The punishment sentenced by the lower court (12 years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The lower court determined that the victim K was guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the following reasons.

(1) If the defendant, although he was aware that he was to use his existing debt or as a seed money for investment, etc. in personal stocks, has lent her husband's funds necessary for the management, etc. of his interior business, then as long as her husband could make profits in return for such loans, he would in itself be subject to the infringement of KR's property and fraud is established.

② Furthermore, the Defendant traded in excess of D, the victim K’s wife, and the Defendant paid the interest to D on behalf of the victim K, so the Defendant appears to return approximately KRW 300 million to the victim K in the account transaction details.

Defendant

Even according to the assertion, the amount that the defendant did not pay to D reaches approximately three billion won.

B. The criminal intent of defraudation, which is a subjective constituent element of fraud for the judgment of the party deliberation, is so long as the defendant does not make a confession, the history, environment, and circumstances of the crime before and after the crime.