The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Defendant 1) In relation to misunderstanding of facts, there was no false statement to the victims that “F will well conduct business, such as reaching KRW 30,000,000 of the monthly income of the principal source,” “F may recover the amount of investment, and there was no problem,” and there was intent and ability to repay. ② In relation to the crime of occupational embezzlement, there was no intention to obtain unfair sentencing by using it for operating expenses of the FFFFK with the consent of investors. (2) The sentence of the lower court of unfair sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of mistake of facts, G made a statement in the lower court’s trial to the effect that “the Defendant was punished by KRW 30 million each month at F,” and there is no circumstance to suspect the credibility of the above statement.

However, in full view of the fact that there was no statement made by the victims in the investigative agency regarding the guarantee of the investment principal, and that the above G thought that it would not pay KRW 100 million to the victims, and that it was stated only that it would be a fundamental guarantee of the principal,” in the court of original instance, the Defendant may recover the amount of investment from the victims.

There is room for doubt as to whether or not ‘a statement' has been made.

However, the core content of the instant deception is that even if the Defendant received the investment funds from the victims for the franchise store business due to the business depression, financial deterioration, etc. of the FF language institute, the Defendant received money for the purpose of the H company’s investment funds by deceiving the victims as if he did not intend or have the ability to distribute the profits to the victims by operating the franchise store business or operating the franchise store through H company.