A. As to the mistake of facts regarding C and D’s fraud, (a) C and D are well aware that the instant amusement machine was less than 3.2 million won, and therefore, the Defendant cannot be deemed as deceiving the victims with the value of the amusement machine.

(B) The Defendant used the investment money received from C and D to operate an adult amusement room, and did not intend to obtain money from C and D, such as operating an actual amusement room.

(2) As to the fraud against K and L, the Defendant used the investment funds received from K and L to operate an adult amusement room, but the adult amusement room was not operated properly on the wind that the said victims failed to pay all the funds that they promised. Among them, the victims were excluded from the relationship of the business and became unable to operate the amusement room any longer, so there is no criminal intent to obtain fraud.

(3) Even if the calculation of the amount of fraud is not a domestic document, the acquisition by the defendant in this case is not an investment of the victims, but an amount equivalent to the defendant's investment shares. The amount of fraud in each of the of the of the of the of the of the of the of the instant frauds is the remaining amount after the defendant's expenses (the cost of KRW 20 million in C and D cases, the cost of KRW 10 million in K and L cases) are deducted from the cost of each of the instant frauds.

B. Even if it is not an unreasonable sentencing decision, the punishment imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. (1) The following circumstances revealed by the evidence duly adopted and examined by the lower court as to whether there was a deception regarding the fraud of C and D, and the Defendant’s “Defendant from the investigative agency to the lower court” are the instant entertainment room machinery.