All judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding of facts with regard to the lower judgment of the first instance court) conspired with D to operate the similar recipient company of the instant case, thereby soliciting investment funds through subordinate members.

Nevertheless, the first instance court rendered a judgment not guilty of all the charges of this case on the ground that the public contest relationship with D is not recognized, and the first instance court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The Defendant (the lower judgment of the second instance)’s sentence on the second instance judgment of KRW 2 of the Criminal Procedure Act (unfair sentencing) is too unreasonable.

2. Determination

A. We examine ex officio prior to determining ex officio and the grounds for appeal by the prosecutor and the defendant.

This court held two appeals cases against the defendant in the first instance judgment, and as seen below, each of the offenses in the first instance judgment is recognized to be guilty, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. As such, the judgment of the court of first instance and the judgment of the court of second instance against the defendant cannot be maintained any more.

B. Determination 1 on the Prosecutor’s misunderstanding of the facts against the judgment of the court below of first instance as to this part of the facts charged) Fraud Defendant and C, who were employed as the head of the headquarters in the company E (hereinafter “instant company”) a similar receiving entity substantially operated by D from the beginning of October 2013 to the end of November 2013, 2013, and who was in charge of soliciting investors, were recruited to acquire money from unspecified people by ice the “business of installing and operating machinery extracted from figures in China”.

Thus, the company of this case and D do not actually operate the above business, and there is no fact that sales and profits are generated through the above business, and even if they receive investment from many investors, such as victims F., the investment money.