The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles hear the words of the president E, representative director C, executive director F, etc., the Defendant believed that the KGB would be listed in the KGB, and the KGB would expand the home shopping business to China, and provided an investment explanation, and there was no intent to commit fraud. In particular, among the victims stated in the facts charged, I did not intend to commit fraud with E, F, etc., but did not intend to commit fraud. In particular, when they began investment in the name of the KP and paid profits as expected, I confirmed and invested in the KG in its name in advance through the Internet, etc., and was in operation as the KGB in August 2016, and therefore, I would not be deemed to have been deceiving. Nevertheless, the judgment below convicted the entire facts, which was erroneous by misapprehending the legal principles on the public offering or fraud, or by misunderstanding the legal principles on the criminal intent to commit fraud (an unfair sentencing sentence of 2 years).

B. The Prosecutor’s sentence of the lower court is too uneasible.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court: (a) received the Defendant’s personal account or the account designated by F, which is not the BB’s bank account from the end of December, 2013, as an employee in charge of raising investment funds, and (b) received the payment of dividends from the F, the executive director of the KB bank in charge of raising investment from the end of December 2013, and (c) received an order from the F, “B to pay dividends to the investors in the circumstances of the company.” In so doing, the lower court stated in the reasoning of the lower court in its judgment, and received the Defendant’s personal account or the account designated by F, which is not the B bank account from the victims, in person or through another victim, and received the investment funds from