A. The Defendant, as stated in the facts of the crime, did not defraud the victim with money of KRW 200 million (hereinafter “the instant investment money”) by deceiving the victim.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined in the lower court’s argument of mistake of facts, the following facts and circumstances are recognized.

The fact that the defendant acquired by deceit may be recognized based on this.

(1) When a victim has made an investment in an investigative agency, a court of original instance, and a defendant to make an investment, he/she shall pay a certain amount of monthly profit (1.3% to 2% of the total amount of investment), and guarantee that the funds of the invested source do not incur any loss.

In other words, the investment of this case was made to the defendant.

Comparedly, this paper consistently states.

(2) There is an agreement that the defendant shall pay the victim a certain amount of monthly profit, regardless of the occurrence of profit or loss with respect to the investment of this case.

The recognition was recognized.

In fact, from September 1, 201 to November 1, 2012, the Defendant paid the victim a certain amount of profits (for total amount of KRW 35 million, KRW 450,000, KRW 650,000, KRW 5000, KRW 20000, KRW 3000,000) every 15 times from September 1, 201 to November 1, 201, and thereafter, sent several text messages to the effect that the payment of profits is delayed and transmitted to the victim.

③ On February 21, 2013, the Defendant divided the dialogues with the victim on the preparation of a documentary loan for the return of the principal of the investment with the victim on February 21, 2013, and the victim “Alongd with her husband at any time

b) to believe that the principal shall be paid, and to ensure that the principal shall be paid in

A. A. A.L. A.L.

원금보장 해 준다고 그랬잖아

In other words, "(see, e.g., 118, 120 pages of investigation records)" has been recognized by themselves as having guaranteed the principal of investment, and as of February 21, 2013.