The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, 1) misunderstanding of the facts concerning deception, deception, and deception, or misunderstanding of legal principles, the Defendant did not mislead the victims, or omitted them into mistake, and merely constitutes a strike due to unexpected circumstances while operating a normal system, and there is no intention to commit fraud.

2) In order to establish a crime of fraud by mistake or misunderstanding of the facts pertaining to actual damages, etc., a realistic payment of money must be made, and the money prepared only in the accounting book cannot be included in the amount of fraud without giving or receiving such money.

Therefore, 35 million won in the case of victim F, 35 million won in the case of victim G, 335 million won in the case of victim H, 11 million won in the case of victim H, and 4.9 million won in the case of victim I, which was paid with guidance money, should be included in the amount of guidance payment.

Accordingly, if the unpaid amount is adjusted, 2010,000 won for the victim F, 21,300,000 won for the victim H, and 23,50,000 won for the victim I, and 3,1920,000 won for the victim G have not been paid for the victim G.

3) The lower court, on January 23, 2015, sentenced the Defendant, at the Seoul Central District Court, to ten (10) months of imprisonment with prison labor, for fraud, two (2) years of suspended execution and two (2) years of suspended execution on June 24, 2015, which became final and conclusive on June 24, 2015.

Therefore, since the crime of fraud related to the guidance operated in 2014 is in the relationship between the above crime of fraud for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Code, there is an error of law that the judgment of the court below has sentenced a single punishment even though the punishment is separately determined for the guidance operated in 2015.

B. The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. Judgment on the misunderstanding of facts, misunderstanding of the legal principles is 1) deception, fraud, intent to acquire, and crime of fraud.