The defendant's appeal is dismissed.

misunderstanding of the substance of the grounds for appeal by the defense counsel and misunderstanding of the legal principles, the Defendant provided the victim E with detailed explanation about the operation structure and transaction method of the so-called “FX E Trading”.

The defendant invested 3 billion won at his own expense.

“ did not make the word “.......”

Defendant was convictioned in the FX M&A, and the investment wife will also guarantee the principal.

Since the promise was made, it was believed to believe that the horse was made and prepared to E with a loan certificate, and in light of the defendant's income at the time, there was an intent and ability to guarantee the principal of the investment to E.

Therefore, the defendant did not deceiving E as stated in the facts charged and did not have any intention to obtain fraud.

The Defendant returned KRW 104,80,000,00, out of the investment money received from E, to E on July 11, 2011, and as E voluntarily opened and invested a separate FX M& transaction account, it cannot be deemed that the Defendant acquired the said money.

Nevertheless, the court below erred by misapprehending the legal principles on fraud and thereby adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged in this case.

In light of the fact that the illegal criminal defendant returns the entire amount of investment to the victim E, that it is difficult for the defendant to carry out the community service order for 160 hours while working in the workplace, and that the defendant has no criminal record for the same kind of crime, the sentence of the court below that sentenced the community service order for 2 years and the probation surveillance for 160 hours in the year and June of imprisonment is too unreasonable.

Judgment

In other words, the following circumstances that can be acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below on the assertion of misunderstanding of facts and legal principles, i.e., victim E and its husband, from the investigative agency to the court of the court below, “E-ray investment is a safe investment without any danger.”