The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In a case where the Defendant received a total of KRW 40 million from the victim in 2010, when investing in gold or mineral extraction business, he may reduce F’s share in the case of making an investment in gold or mineral extraction business, and when the business is well carried out, he only said that dividend income may accrue if the business is well carried out, and there was no mentioning of specific dividend amount or principal return. Therefore, the Defendant did not deceiving the victim.

In fact, the Defendant made efforts to carry out gold mine and mineral extraction projects in Mongolia, and it is anticipated that business profits will occur at the time of receiving investment of 40 million won from the victim around 2010. Therefore, the Defendant did not have the intention to acquire by deception.

In 2012, the Defendant paid KRW 79,470,00 from the victim for aggregate extraction projects, but there was no promise to pay KRW 1,00,000 per month of the investment money, and there was no intention to commit fraud since it was anticipated that business profits will occur at the time.

L, which was a manager at the place of aggregate extraction, has not been paid profits to investors by reducing the amount of aggregate production in order to block all the rights to mines.

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

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for permission to amend the indictment with the following [the facts charged before the amendment] at the trial of the court (the facts charged after the amendment]. Since the subject of the judgment was changed by this court's permission, the judgment of the court below can no longer be maintained.

On May 4, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of three million won at the District Court for fraud and the judgment became final and conclusive on July 29, 2016.

Criminal facts

On October 2010, the Defendant came from C’s “D's Office” in the operation of Gangwon-si, Gangwon-si, Gangwon-do.