A. There was no scope of deception by mistake and misunderstanding of legal principles for the defendant.

B. The lower court’s sentence of unreasonable sentencing (one million won by fine) is excessively unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

(a) In borrowing money from another person, if the other party has failed to comply with the true notice about the purpose of the borrowed money or the method of raising the repayment fund, and if he has received money from the other party by notifying the other party of the fact contrary to the truth about such purpose or method of raising the repayment fund, a crime of fraud is established;

(Supreme Court Decision 2003Do5382 Decided September 15, 2005). According to the evidence duly adopted and examined by the court below, it is recognized that the Defendant received KRW 15 million from the victim by stating that “the Defendant shall first prepare the deposited money in the form of Sck for the preparation of funds from crowdfunding. 10 days loaned to 5% per 10,000,000 won and returned again.” However, the Defendant’s use of money that the Defendant intended to borrow is not for the aforementioned D deposit but for the Defendant’s personal obligation.

As above, in light of the fact that the defendant deceivings the victim for the purpose of the borrowed money, and whether the defendant has made efforts to repay the debt at the time of borrowing or to perform the debt thereafter, it is reasonable to deem that the defendant had the intent to defraud the above money by deceiving the victim.

B. Meanwhile, the Defendant asserts that, on August 1, 2017, the investment amount of 12 billion won or X corporation was expected to be included in the first share, and that he did not intend to acquire money from the victim.

However, the defendant's investment funds are not the defendant, but the investment funds that QP corporation intends to receive in connection with the tourist car business, and the sales proceeds of the company shall also be received by M rather than the defendant.