The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Comprehensively taking account of the evidence submitted by the prosecutor of the gist of the grounds for appeal, it is recognized that the defendant committed deception to the victim separately from G and separately from G by driving the victim H's investment funds.

In addition, the defendant's deception constitutes an independent fraud because it constitutes an important matter that may affect the decision of the victim's investment decision.

Nevertheless, the court below acquitted the charged facts of this case by misapprehending the legal principles, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

2. We examine ex officio the judgment on the grounds for appeal ex officio.

In the first instance, the prosecutor changed some of the facts charged of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which was the object of the judgment of the court below, and applied for the amendment of the bill of amendment to the indictment in addition to the facts charged.

However, on April 23, 2013, this Court notified the decision to permit the above application and changed the subject of adjudication.

Therefore, the judgment of the court below cannot be reversed.

However, among the prosecutor's assertion of mistake of facts or misapprehension of legal principles, the part related to the charges of the revised violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

The following are judged as to the changed facts charged together with the arguments of the defendant.

3. Judgment on the primary facts charged

A. The summary of the facts charged is that the Defendant invested KRW 60 million around August 19, 2008, and KRW 200 million around December 16, 2008 to G who had worked as the director of the Foreign Exchange Strategy Team (the period of office from March to October 201: the period of office from March 19, 2001 to October 201) in F Co., Ltd. (in the case of F Co., Ltd. for convenience, the part regarding the “Co., Ltd.,” among the name of the said corporation is not stated separately.)