A. Defendant (misunderstanding of facts) (i) If the victim bears up to 30% of the construction cost in addition to KRW 300 million, the Defendant would pay 30% of the profits of Company G (hereinafter “G”).

D Only 30 million won investment will be paid 30% of G's profit.

There is no promise.

Dor, the Defendant did not recognize even if he did not know that the instant project is in a situation in which it is impossible to enjoy revenues as anticipated.

B. The first deliberation sentence (a year of imprisonment with prison labor, a year of suspended execution) of the Prosecutor’s first deliberation (unfair sentencing) is too uneased and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the first instance court and the first instance court as to the Defendant’s assertion of mistake of facts, the Defendant may fully recognize the facts and the criminal intent by deceiving the victim and obtaining money as investment money as stated in the judgment of the first instance court.

The defendant's assertion of mistake is without merit.

① On December 6, 2012, the victim, J, and I would give 30 million won of G equity to the victim of the instant project if the Defendant made an investment of KRW 300 million in the instant project.

There was no agreement that the construction cost should be additionally borne by 30% at that time.

written statements at all times.

The victim had already invested KRW 300 million in the business of this case, but failed to raise funds additionally, caused a big loss that could not recover investment funds from the wind that the land price of this case exceeds 10 billion won by public sale, and did not have the ability to additionally bear 30% of the construction cost up to 10 billion won. Therefore, it is not deemed that the victim newly invested KRW 300 million in the business of this case while promising to bear 30% of the construction cost.

The defendant stated that "the victim gives 300 million won to the victim a share of 50 million won on the face of the police," and that "the amount of construction cost of 50 million won and 30% of construction cost of 10.5 billion won to the prosecution."