A. In fact, the Defendant agreed to use the victim’s investment funds for the purpose of installing a excursion ship business facility, and even if such agreement is not recognized, the Defendant agreed to use the funds of the victim’s investment funds for the business of a excursion ship business facility, and used them for the repayment of his/her personal debt even though the Defendant agreed to use them for the business of a excursion ship business.

In addition, the defendant did not have the intent or ability to reduce the profit as agreed to the victim because he did not have any particular value on the property held by the defendant at the time of his personal debt amounting to 2 billion won.

Therefore, the criminal defendant's deception and the criminal intent of deception are sufficiently recognized.

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. 1) Determination as to the assertion of misunderstanding of facts 1) The use of the instant investment money was based on the evidence duly adopted and investigated by the lower court, namely, the following circumstances: ① the victim C used the instant investment money to use it as the installation of coffee shop facilities, promotional expenses, expenses for business activation, surplus funds, etc. in the instant distribution line at the lower court’s court.

The statement, ② The victim also paid KRW 9,634,661 out of the investment money of this case to the defendant in cash on the ground that the defendant is liable to pay taxes; ③ the internal interior interior interior of the excursion ship of this case, the installation of coffee shop facilities, installation of sound apparatus, replacement of chairs, etc. do not seem to require a large amount of money equivalent to KRW 200 million; ④ The victim confirmed all the liabilities of the corporation in the name of the corporation of this case that was disclosed prior to the payment of the investment money of this case to the defendant. The victim was aware only of the existence of the above debts at the time.

Even if it is difficult to operate the excursion ship of this case normally by simply re-establishing facilities inside the excursion ship.