The judgment of the court below is reversed.

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

Of the primary facts charged, 92 million won is placed.

1. Summary of grounds for appeal;

A. 1) As to the fraud caused by the defraudation of KRW 92 million among the primary facts charged, the Defendant has solicited the Defendant to make an investment by hearing the statement that he would be able to make a profit by making foreign currency investment from D, a foreign currency investment expert, and in fact making an investment in accordance with D’s guidance. As such, the Defendant did not have the intent to deceive the Defendant.

2) As to the fraud caused by the defraudation of KRW 40 million among the primary facts charged, the prosecutor applied for a change in the exchange of the facts charged and permitted by the lower court, but the lower court convicted the facts charged prior to the change.

In addition, the defendant has not acquired 40 million won from the damaged person as investment money.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the fraud by defraudation of KRW 92 million among the primary facts charged, the Defendant of the facts charged (1) from February 2008 to the same year

5. Between the Seocho-gu Seocho-gu Homan, the Defendant stated to the effect that “The victim C is well aware of foreign exchange futures trading experts, and if the Plaintiff invests KRW 100 million through this expert, at least 240% per annum may be paid, and our profits may be divided by 80% per annum. Inasmuch as foreign exchange futures investment is the same as the Sightseeing Game, we will make investments in US$ and UNFCCC. On the contrary, since US$ 100 million is a structure where US$ 100 is lowered, it does not necessarily mean that it would be absolutely damaged, since there is no absolute loss since US$ 100 million is believed and 10 million won is invested.”

However, the Defendant did not have any professional knowledge about foreign exchange futures investment, and did not know the experts to be in charge of the operation of foreign exchange futures investment, and even if he invested the money received from the injured party in foreign exchange futures, he would distribute the profit to the injured party properly.