Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of legal principles or in the misapprehension of legal principles, since the Defendant did not deceiving the victim with regard to the profitability of mistake of facts, and had the intent and ability to return the investment

B. The sentence of the lower judgment on the grounds of unreasonable sentencing (fines 5,000,000) is too unreasonable.

2. Determination

A. According to the argument of mistake of facts or misapprehension of legal principles, the court below duly adopted and examined the evidence that the defendant made an investment in selling functional clothes to the victim around October 1, 2012, the defendant obtained a sales right and made it possible for the defendant to receive KRW 2 million and return the principal invested without making profits. The victim paid a sum of KRW 5 million to the defendant from October 10, 2012 to the 17th of the same month and invested from October 2013. The defendant prepared and delivered a cash custody certificate to return the above investment money to the victim where the defendant did not carry out business until January 31, 2013. The victim requested the return of the above investment money to the defendant on or after October 31, 2012, but the defendant did not return it to the defendant, but the defendant did not have the ability to return it to the financial institution, and the defendant's assertion that he did not have the intent to return it to the above investment money to the extent that he did not know that he did not have the ability to return it.

B. We examine the argument of unfair sentencing, and the fact that the defendant agreed with the victim in the trial on the argument of unfair sentencing.