The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

except that this shall not apply.

1. Summary of grounds for appeal;

A. Defendant’s appeal 1) misunderstanding of facts and misapprehension of legal principles: (1) misunderstanding of facts and misapprehension of legal principles, ① the operator of the instant futures option is not the Defendant, but M and N; (2) the Defendant has not promised an earning rate identical to the instant facts charged; (3) the victim’s decision to make the instant investment is based on his own judgment; and (4) it is not based on a mistake due to the Defendant’s deception; and (3) it is possible for the Defendant to receive considerable profits during the investment period. In light of the fact

Although it cannot be seen, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby finding the Defendant guilty.

2) In light of the background of the occurrence of the instant case’s allegation of sentencing and the actual amount of damage inflicted upon the victim, the lower court’s sentence (ten months of imprisonment, two years of suspended sentence, two years of social service, 120 hours) is too unreasonable.

B. In light of the prosecutor’s improper assertion of sentencing, the lower court’s punishment is too uneasible and unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the prosecutor applied for amendments to the indictment with the purport of adding the facts charged through the written application on September 4, 2017 when the prosecutor was in the trial. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

3. The following circumstances, as alleged by the Defendant, can be acknowledged by the evidence duly adopted and examined by the lower court as well as the witness E’s partial statement in the trial court, regarding the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine as to the aforementioned assertion by the lower court.