A. Fact-finding: The intention of deceiving the defendant was never made from the beginning.

B. Unreasonable sentencing: In light of the fact that the defendant reflects on his gender, his age and family relationship, economic form and intent to repay the amount of damage, etc., the sentence of the court below (the prosecution's old - one year of imprisonment, and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the erroneous determination of facts, ① the Defendant operated a real estate office as a real estate broker assistant without a real estate agent qualification certificate; ② received the first money from the victim in 2009, and did not have any specific property; ② the amount of KRW 60 million out of the leased house deposit of KRW 180 million residing until January 2010, the Defendant was refunded in advance to the beneficiary as security investment; ② the remaining money of KRW 80 million was lent to the beneficiary because it was difficult to operate the business; ② the Defendant continued to use the money for the above loan of KRW 20 million for the purpose of the real estate lease contract; ② the Defendant had no substantial surplus funds, such as the payment of monthly deposit, etc.; ③ the Defendant was not able to recover the above loan from the victim’s residence for the second half of 2009, and the Defendant continued to use the money for the purpose of the lease contract from the victim’s residence for the second half of 2010.

In light of the above facts of recognition, the Defendant money from the victim.