A. The Defendant, by mistake of facts or misapprehension of the legal principle, received investment money, is merely a receipt of investment money from the victim as it belongs to G and D’s horse that would distribute profits from the human resource forwarding business. Therefore, the Defendant did not have any intention to commit the crime of defraudation.

B. In light of the circumstances, such as the fact that the defendant was forced to commit the instant crime by deceiving G and D, the defendant paid 12 million won out of the 20 million won received from the victim to D, and the fact that the defendant is against the defendant, the imprisonment for six months sentenced by the court below is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the lower court stated that the Defendant would pay KRW 250 million to the victim up to July 15, 2011, if the Defendant invested KRW 20 million in order to operate human resources supply business of Saudi Arabia on or around May 12, 201, the Defendant would pay KRW 250,000 to the victim. ② The victim believed the Defendant’s end as above, and ② the victim believed the Defendant’s end as above, and was the Defendant’s worth KRW 10,000 on May 12, 2011, and the same year.

5. The 19.10 million won and the 20 million won in total were remitted. (3) The Defendant concluded a contract with D on June 27, 2011 to jointly carry out human resources supply business with H and Saudi Arabian, etc. (4) The human resources supply business with the above-mentioned Saudi Arabian was not realized, and the Defendant did not return the investment money to the victim even before the trial, and the contact with the victim was interrupted after receiving the investment money from the victim.

According to the above facts, at least at the time of the defendant's receipt of money from the victim, the contract was not entered into with D, etc. to jointly carry out human resources supply business, etc., and the defendant's profit derived from human resources supply business until July 15, 201, which was set as the date of return of investment, exceeds 10 times the amount of investment.