A. The judgment of the court below which found the defendant guilty of the facts charged despite the fact that the defendant did not have an intention to acquire money by deceiving the victim.

B. The lower court’s imprisonment with labor for eight months is unreasonable.

2. Determination

A. Circumstances acknowledged by the evidence duly adopted and examined by the lower court, such as the Defendant’s statement in the lower court, the Defendant’s statement in the court of the lower court, G, and I’s statement in each investigation agency and the details of entrance fees, etc., and in particular, the Defendant received money from the victim as investment money in connection with the supply and installation of road signs in Chuncheon City. The business agreement and equity business contract concluded on April 12, 2012 between the Defendant and the victim are prepared on the premise that the Defendant secured the construction owner. In addition, if the Defendant did not specify that he would have already ordered construction works, there is no reason to pay KRW 48 million to the Defendant more than 12 times in order to obtain the construction right. ② The Defendant was scheduled to conclude a construction contract at the time of receiving money from the victim, but it was argued that the Defendant was actually performing construction works at around July 2012, and that it was not consistent with the reasoning of the lower court’s decision that “the construction of road signs was carried out by the Defendant at the time of the lower court.”