A. The Defendant, who had the intention to marry with the victim at the time of the instant case, has been invested in KRW 100 million in the expenses for the transfer of beauty rooms from the damaged person during the marriage, but there is no fact that deceiving the victim as stated in the facts constituting the crime in the lower judgment, thereby deceiving the victim of the instant money.

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of facts, the fact that the Defendant deceivings the victim as stated in the facts constituting the crime in the lower judgment and acquired the money of this case can be fully recognized.

① The victim E made a statement to the investigative agency for the following purposes in accordance with the facts charged in the instant case.

The contents of the victim's statement are considerably specific and natural in its main part as follows, and there is a contradiction in the victim's statement itself in light of the empirical rule or the statement itself.

As such, credibility is recognized as of the point of view.

The victim sent an advertisement article to the effect that "a spouse is sought" paid by the defendant in a daily newspaper, and the defendant was searched.

(B) At the time of the instant case, the Defendant provided that “I will make investments in expanding the kitchen and be operated as F chain store by expanding the kitchen and be paid half of the profits incurred by operating the F chain store,” and that “I will make sure that if there is a contract to set the F head office and chain store, and if the extension of the existing beauty room is made, employees are dispatched from the head office, and the employees are stationed at the head office for 7 to 8 months, thereby promoting the beauty room and making funeral service well.

The victim refers to the victim’s intent to guarantee a certain amount of profit, i.e., the victim reliance on the Defendant’s oral statement and KRW 100 million.