The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts did not receive money from the victims as investment money for the FX ME transaction, but received money as a loan, and did not have any intent or ability to repay to the victims from the beginning, and did not actively induce the victims by doing so like experts.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant stated that the implied deception and the willful negligence of the criminal intent of the crime of defraudation are recognized when it comes to the trial of the competent court, but asserts the above mistake of facts.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the court below stated that (i) the defendant made the appearance of "F", emphasizing only the high profitability of the FXM transaction with the victims and Q and U, and actively recommended the victims to invest money in the FXM transaction; (ii) the defendant has been receiving money from investors in the past from around 2004, more than before the crime of this case was committed, and (iii) the defendant continued to suffer losses with the victim's investments in the FXM transaction; and (iv) the defendant had the ability to use the money for personal deception such as the payment of interest on the above money to the existing investors.