A. In fact-finding, the Defendant merely provided a business explanation to the victim F including the plan to participate in the cruise construction project, but did not unreasonable solicitation for investment or deception the victim. The Defendant followed the bid deposit deposited to the World Industry Development Co., Ltd. in connection with the cruise construction, but did not comply with the promise to the victim, and did not have any intent to obtain money from the victim.

B. The sentencing of the first instance court of unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court on the assertion of mistake of facts, the fact that the Defendant acquired KRW 100 million from the victim F under the pretext that the Defendant would use it for the trade fund of fishery products and make a monthly dividend of 5% can be sufficiently recognized.

Furthermore, the following circumstances acknowledged by evidence, i.e., ① the Defendant received KRW 30 million from the victim on February 3, 2010 from the victim and did not use it for business purposes, and immediately forward the total amount of KRW 70 million from the victim on February 9, 2010 to the above G, which received KRW 10 million from the victim on February 9, 2010, and then remitted KRW 50 million from the victim on February 9, 201 to the above G. 50 million, and transferred the remainder to L in connection with the cruise business. The remainder was only the Defendant used for the purpose related to the trade of fishery products, and ② the Defendant received KRW 10 million from the victim on February 3, 2010, at the time of receiving the request for return of the amount of money invested, and there was no active property or other business expenses of the Defendant.