The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

except that, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

In light of the fact that the statements made by the victim on the circumstances in which the victim made payment to the defendant for his partner fees are specific and consistent, the details that the defendant used with money from the victim, and the sales of D Co., Ltd. operated by the defendant at the time of the instant case and the details of the defendant's obligation, it is recognized that the defendant had no intent to open a restaurant or deliver the money to the victim, all the facts charged of the instant case are guilty.

Nevertheless, the lower court rendered a not-guilty verdict on all the facts charged of this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion

2. Summary of the facts charged in this case

A. On October 201, the Defendant made a false statement to the victim B on the part of the president of the shipping margin in Busan Metropolitan City, Busan Metropolitan City, to the effect that “at the end of the week 1.3 million won from the operating capital, 1.7 million won, in total, can open a restaurant at the Jung-dong, Busan Metropolitan Government around March 201, 201.”

However, even if the defendant received money from the victim, he did not have the intention or ability to operate the restaurant.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 130 million from the victim, including KRW 70 million on November 21, 201, KRW 30 million on December 15, 201, KRW 30 million on December 15, 201, and KRW 30 million on March 12, 201, and acquired money from the victim as a partner.

B. Around April 2012, the Defendant, at the D office operated by the Defendant in Seongbuk-si, Sungnam-si, changed the above victim to a high machine distribution business, where “the restaurant cafeteria is operated by the Organization,” and operated by the said victim.

D It is possible to pay a lot of money to open the branch office of Busan for high time distribution business.

From the Credit Guarantee Fund, KRW 50 million is loaned from the Credit Guarantee Fund to B, and KRW 45 million is KRW 130 million,000,000,000,000,000 for restaurant operation funds in the last day of the week.