A. In fact, the Defendant’s misunderstanding of fact only 80 million won that the Defendant received as the investment money in the old monetary business from the injured party.

The Defendant paid approximately KRW 58 million to the victim as a profit, etc. Since the Defendant failed to pay the profit, etc. to the victim later, the Defendant failed to pay the profit by selling old cash because it was difficult to secure customers.

Therefore, the lower court recognized the criminal intent of the Defendant to commit the instant crime on the grounds of the statement of the victim without credibility.

B. The punishment of the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same as the grounds for appeal in this part, and the lower court consistently delivered KRW 150 million from the institution where the injured party suffered damage to the lower court to the lower court’s court, as follows, based on the evidence duly admitted and investigated by the lower court.

A statement is made, and there is no evidence that the defendant's certificate of custody of cash prepared by the victim is written as KRW 150 million, the judgment of civil lawsuit conforms to the victim's statement, the defendant paid KRW 58 million to the victim under the name of the profit of the investment money of this case, and there is no evidence that the defendant's statement is consistent from the investigation agency to the court below's judgment, and there is no evidence that the defendant's statement is not consistent from the investigation agency to the court below's judgment, the old right money that the defendant provided to the victim is not a serious amount of money of KRW 150 million for the purchase cost, and the defendant was unable from the investigation agency to the court below's judgment to the court below's judgment, and there is no place where the old right money is sold until now, and thus, it is entirely possible to remaining profit through transactions.