The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant C1’s investment funds for the victim of mistake of facts was managed by Defendant A, who is a real operator of D Co., Ltd., and Defendant A disposed of money as stated in the facts charged. The Defendant did not know that the Defendant was merely an employee of the said company, who was in charge of attracting investment or attracting the victim’s investment on September 20, 2012, and could be used or used for lending gambling money as stated in the facts charged. (2) The sentence of the lower court on unreasonable sentencing (six months of imprisonment) against the Defendant is too unreasonable.

B. The punishment of Defendant A (one year of imprisonment) against Defendant A is too unreasonable.

2. Judgment on Defendant C’s assertion of mistake of facts

A. The summary of the facts charged is as follows: A, B, and the Defendant established a corporation that is called “the instant company” (hereinafter “the instant company”) under the name of “Non-Capital-Free Partnership D”; A, a representative director, and C shall attract investments; and B, through E, a branch of investment money, invested money to gambling in a manner that lends gambling money to gambling in a gambling place; and B shared each role by raising profits from brokerage profits.

1) Joint criminal administration A, B, and the Defendant (hereinafter “Defendant, etc.”)

Around March 10, 2012, Defendant C conspiredd with the victim F to “I will pay the victim 2% interest every month if he has made a long-term investment in D one year, and will repay the principal after one year.” From the victim reliance on the 21st day of the same month and around the 35 million won around the 31st day of the same month and around the 31st day of the same month, he was transferred from the victim as a corporate account the sum of KRW 45 million, including KRW 10 million.

However, in fact, the defendant et al. does not invest in the business that can make high profit in full even if he receives the investment money, but uses the amount equivalent to 3,0740,000 won as the repayment of personal debt between A and the defendant C and the attorney fee immediately, and uses it as the rest 1.