A. The money received by the Defendant (in fact-finding and inappropriate sentencing) from the victim related to the instant coffee shop is limited to KRW 50 million on September 16, 2008, and the remainder is the money paid as the name of real estate or stock investment, etc. The Defendant incurred losses to the victim due to investment failure, etc., and even though the Defendant did not commit deception with the intent to acquire by deception in the process, it was erroneous that the lower court found the Defendant guilty of the instant facts charged against the Defendant, which affected the conclusion of the judgment, and even if the Defendant was guilty of domestic affairs, the sentence (one year of imprisonment and two years of suspended execution) imposed by the lower court against the Defendant is too unreasonable.

B. The sentence imposed by the court below on the defendant against the prosecutor (unfair form) is too uneasible and unfair.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and investigated by the court below and the court below. ① The victim consistently received a proposal from the investigative agency to purchase the E coffee shop of this case from the defendant on June 2008 and provided a total of KRW 14,50,000,000 as the purchase price, and the defendant stated that he did not have any talk about the investment of stocks. ② On the other hand, the defendant's operation of E, I, etc. to the victim around September 10, 2008 through October 10, 2008 is called as a means of investment, but the defendant stated that the amount of 14,450,000 won is a money received as the name of real estate or stock investment, etc. (the investigative record 59,60 pages) after the investigation process was conducted by the police officer on May 1, 208.