A. According to the evidence submitted by the prosecutor of fact-finding, even though the fact that the defendant deceivings the victim and defrauds the 30 million won under the pretext of investment, there was a criminal intent to defraud the defendant otherwise.

It is difficult to recognize

The judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (two months of imprisonment) is too uncomfortable and unfair.

2. Determination

A. The lower court determined as to the assertion of mistake of facts based on the records, based on the following circumstances as indicated in its reasoning: (a) based on the fact that the Defendant did not distribute business profits to the victim; (b) the Defendant had the intent to exclusively make profits from the investment funds to another business and not distribute profits from the investment funds to the victim; or (c) did not have the ability to pay profits.

It is difficult to readily conclude that there was a criminal intent to acquire fraud by means of evidence submitted by the prosecutor.

It is difficult to recognize

On the other hand, not guilty of this part of the facts charged was pronounced.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and there is an error of law by mistake of facts as alleged by the prosecutor.

shall not be deemed to exist.

The prosecutor's above assertion of mistake is without merit.

B. The instant crime of determining the illegality of sentencing is not good in light of the content and method of deception, and the fact that the Defendant did not make any effort to recover damage to the depth of the party, etc. is unfavorable to the Defendant, or that the Defendant recognized the Defendant’s mistake and reflects it, and that the amount obtained by deception (30 million won) is relatively large, and other records of the instant case, such as the Defendant’s age, sexual behavior, environment, motive for the crime, and circumstances after the crime, etc.