The defendant's appeal is dismissed.

All of the applicants for compensation are dismissed.

1. Determination on the grounds for appeal

A. The summary of the grounds of appeal 1) The defendant did not state that "the trade company and "E kindergarten is operating" with the victims. In addition, the amount that the defendant received from the victims is not investment but loan money, and the defendant tried to pay principal and interest to the victims by investing the above money in real estate, but it was impossible for the victims to pay the principal and interest that has been promised to take the wind in the course of real estate investment, etc. while paying interest on the loan money to the victims. Therefore, the defendant has no intention to commit fraud. 2) The punishment of unjust sentencing sentenced by the court below to the defendant is too unreasonable.

B. The court below rejected the Defendant’s assertion of mistake of facts on the ground that the Defendant had the same purport as that of this part of the grounds for appeal, and on the ground that the court below stated the detailed reasons under the title “the judgment on the criminal intent” in the judgment.

Examining these decisions of the court below in light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and there is no error of law such as misunderstanding of facts as alleged by the defendant.

Meanwhile, according to the evidence duly adopted and investigated by the court below, the fact that the defendant received money from the victims as investment money can be fully acknowledged by stating that "the defendant will pay the victims a profit equivalent to 3% per month if it invests in the defendant's business."

In addition, in this case, unless it is deemed that the defendant did not have the intent or ability to pay the principal and interest or earnings received from the victims as above, it shall be against the victims regardless of the pretext of the amount received.