The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant, after remitting the investment money received from the victims to F, received the money from F and delivered the money to investors, including the victims. The Defendant omitted the procedure for a dance remittance and recognized the Defendant as having been actually paid (investment) to F as the amount invested by the victims according to F’ intent and paid the money later. However, the money transferred as above was paid as the proceeds of the transferred investment money by other investors.

As such, the Defendant only paid the money received from the victims according to the F’s direction as profits from the transfer of investment funds, and there is no fact of arbitrarily consumed, and there is no intention of embezzlement or illegal acquisition by the Defendant.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. In light of the fact that the defendant is trying to recover damage from unfair sentencing, that there is no way to compensate for damage by losing the public official position when the sentence of the court below becomes final and conclusive, and that it is the primary offender, the sentence imposed by the court below (two years of suspended execution in six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. The Defendant also asserted the same purport as the grounds for appeal in the lower court’s determination of mistake of facts, and the lower court rejected this decision.

Compared with the records and the reasoning of the lower judgment, the lower court’s judgment is just and acceptable, and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant, if investing KRW 10 million from F, has heard the content that the principal and the amount of KRW 1.5 million to KRW 3 million should be guaranteed during the period from the month to the degree of the two months, and made recommendations for investment from investors including victims.