All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant received shares investment funds from the victim, but was unable to repay them due to losses, and there was no false statement to the effect that “F was established an investment advisory company.” The lower court erred by misapprehending the fact that the Defendant did not mislead the victim, thereby adversely affecting the conclusion of the judgment. Even if the Defendant was guilty, the lower court’s punishment (two years of imprisonment with labor for a period of one year, two years of probation, and three hundred hours of community service order) is too unreasonable in light of various sentencing conditions.

B. In light of the various sentencing conditions of the prosecutor, the lower court’s sentence is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the court below regarding the defendant's assertion of mistake of facts, the victim believed that "F has established an investment advisory company" to the effect that although the defendant did not have established an investment advisory company of F, and then remitted money to the defendant for the purpose of stock investment as stated in the judgment of the court below. In light of the above facts of recognition, it can be sufficiently recognized that the defendant by deceiving the victim and by deceiving the victim KRW 150 million.

Therefore, the defendant's assertion of mistake is without merit.

B. We examine both the defendant and prosecutor’s assertion of unfair sentencing as to the defendant and prosecutor.

While the amount of damage caused by the instant crime is equivalent to KRW 1,50,000,00,000, which is a large amount of damage and did not fully recover from damage, the Defendant appears to have used the money that the Defendant received from the victim to actually invest in stocks, the Defendant appears to have actually used the money that he received from the victim, and KRW 62,941,892.