A. Although the criminal facts of No. 1 of the judgment of the court below, the defendant received money from the injured party as stated in this part of the facts charged, the defendant agreed to receive an investment from the injured party in the gift certificates consignment business, and received the investment from the injured party, and there was no investment related to the land.

(2) Each of the criminal facts described in Articles 2 and 3 of the judgment below did not have the same words as indicated in the facts charged, and only the defendant did not repay money due to the lack of business funds and the lack of living expenses from the defendant due to the difficulty of borrowing money from the defendant in connection with the micro-child farming business that was promoted by the defendant at the time.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. (1) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts (1). In other words, the victim made a consistent statement from the investigative agency to the court of the lower court to the court, and C consistently made a statement consistent with the victim’s statement; ② There is no motive or reason to make a statement intentionally and disadvantageous to the Defendant; ②, inter alia, C prepares an investment agreement on December 17, 2013 between F Co., Ltd. and the victim, a company for which the Defendant was employed as a director, (3) and F Co., Ltd., a company for which the Defendant was employed as a director, and the said investment agreement was prepared on December 17, 2013, and there was no indication as to the land sale business. However, according to the statement by the assent of the victim and C, the said investment agreement was prepared by the Defendant in a manner that guarantees the victim’s right to return money to the victim, and thus, the said investment agreement was actually invested in the merchandise sale business.

The recognition is recognized.