A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant against B who made an application for compensation, 180,000.

A. The Defendant thought that misunderstanding of facts or F would pay the money promised to the Defendant, and paid F the money received from the victim.

Nevertheless, the court below recognized that the defendant paid the money obtained by deception to C by mistake of facts.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court found that the Defendant had no intent or ability to repay the invested principal or profit even if he/she borrowed money from the victim, on the ground that it was extremely unclear whether the Defendant would be able to receive repayment of the invested principal or profit even if he/she did not receive repayment of the investment principal or profit, considering the following circumstances that can be recognized by the evidence duly adopted by the lower court, the lower court found that the Defendant invested the money obtained from the victim to F rather than C, since it could be recognized by the evidence that the Defendant had invested the money to F rather than C, in excess of the following circumstances. In so doing, the lower court erred by misapprehending this part of the judgment.

① The Defendant made a consistent statement from the second interrogation to the court of the lower court and the court of the first instance, stating that “F should make the above statement on the ground of C, and the fact that the above statement was made to F was paid by deception to C”.

Even if the defendant paid the money by deceit to F, not C, it does not affect the establishment of the crime of fraud, so there is a motive for the defendant to make a false statement.