The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

In the case of misunderstanding of facts, it is unfair for the defendant to recognize the intention of fraud to use the money for another purpose because he did not limit the use of the money from the victim N to the purchase of airline tickets. In addition, even though the defendant did not invest the money in the futures option transaction as stated in this part of the facts charged, there is an error of misunderstanding of facts in determining the guilty of this part of the facts charged.

In relation to the crime against AH among the case of "2014 Go-Ma428", the defendant was prepared on October 4, 2013 by promising an airline ticket to allow the victim AH to take place. The whole travel is revoked as a part of the victim's daily travel is prevented from leaving the trip. However, since the defendant's circumstance was not sufficient at the time, the defendant's travel expenses are not returned to AH, and therefore, the defendant cannot be recognized as a criminal intent of defraudation, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by mistake of facts.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

The lower court’s assertion that there was no intention to commit a mistake of facts regarding the case of “2012 Godan1762” was duly adopted and investigated by the evidence, namely, the following circumstances acknowledged by the lower court, namely, the victim N, as indicated in the judgment of the lower court, stated in this part of the investigation agency: (a) the Defendant was running a business to purchase air tickets in advance in a non-legal term and at the same time a large amount of price is lower; and (b) the Defendant appears to have made profits of at least 10% of the amount invested; (c) the Defendant lent money to the Defendant by stating that “The Defendant will pay interest of at least 4% per month if he/she lends money to the purchase fund of air tickets and pay it after two years.”