The court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is that the Defendant, who worked as the adviser of the company start-up business investment company D, was a person who was a start-up business investment company, and was aware of each other at the F hotel coffee shop in Gangnam-gu Seoul, Gangnam-gu around January 16, 2008, only by the introduction of branch persons, and the victim G who was aware of each other. The Defendant would not only grant the victim G a right to claim the purchase of the shares of the Young-gu, Young-gu, U.S., Young-gu, U.S. Co., Ltd., Ltd. with a high prospect of lending the money that it is necessary to operate the company, but also pay the principal within three months after calculating the annual interest rate of 8%.

“The 17th day of the same month from the person who believed to do so was remitted KRW 50 million to the new bank account under the Defendant’s name on the 17th day of the same month, and KRW 100 million to the same account on the 22th day of the same month, respectively.

However, the defendant, when establishing the above company around January 200, has been employed as the representative director and the management adviser from April 2004, respectively. However, since around April 2007, the management situation has gradually deteriorated due to business depression, there has already been a large scale of deficit.

Around 208, the business environment of the above company has been rapidly decreasing and its performance has been significantly aggravated, and the state of deficit has continued, making it difficult to operate the company normally, while the defendant's salary, etc. has significantly decreased and his credit rating has also been lowered, and the defendant's capital has been increased.