The judgment below

The part against the Defendants is reversed.

The Defendants are acquitted. The Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) Of the instant crime by misapprehending the legal doctrine, the part on the fraud on April 19, 201 among the instant crime by misapprehending the legal doctrine (attached Table 3) was already determined and sentenced to punishment on June 24, 2015, and the remainder of the crimes are also related to a single offense, including a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which judgment was rendered on June 24, 2015, and is a crime before the said final judgment is rendered as a fact-finding court, and thus, acquitted should be pronounced.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. Defendant B’s misunderstanding of the facts as to Defendant B 1 was employed by Defendant A, and was engaged in only administrative affairs upon the monthly wage from January 201 to April 201, 201, and was not a general manager, and did not perform business affairs related to the recruitment of investors, etc.

In addition, there is no fact of participation in each fraud part of July 13, 201 and August 3, 201 (No. 10, 11 of the list of crimes listed in the judgment below).

2) The instant crime by misapprehending the legal principles is a single-purpose crime with the crime of fraud, which became final and conclusive on July 30, 2014, and is committed before the said final and conclusive judgment is rendered as a fact-finding court, and thus, acquitted should be pronounced

3) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the reasoning of the lower court and the evidence duly admitted and examined by Defendant A’s lower court on April 19, 2011, the part on the fraud part, which was alleged by the lower court and the first instance court, on April 2, 2015, Defendant A was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on April 2, 2015 and the judgment on June 24, 2015 became final and conclusive, Defendant A’s fraud part on the victim G was paid KRW 10 million from the victim G on April 6, 2011 and April 11, 201, and the part on the fraud part that was paid KRW 30 million in the name of the husband of the victim G on April 18, 2011, which was deposited by Defendant A on April 3, 2015 under the name of the victim’s husband.