The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The nature of the 130 million won in this case of mistake of facts is investment funds, and even if it is borrowed money, there is no intention to commit the crime by fraud against the defendant, and the judgment of the court below is erroneous.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court stated that the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts: ① the victim and E (the KRW 130 million, out of the instant KRW 130,000,00, was remitted to the E account in the name of E) were the same from the investigation stage to the court of the lower court, to the effect that “the victim loaned the Defendant KRW 130,000,000 to the Defendant, and the Defendant stated that “the Defendant would pay the Defendant the amount of KRW 3 billion,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00).

There was only a vague plan to promote B, and there was no other way to procure the instant business expenses other than borrowing or borrowing loans from other persons as a bad credit holder without his own capital, and the Defendant asserted that G had to invest KRW 300 million out of the instant business expenses, but the Defendant did not claim that G has secured some business funds. However, there was no funds to obtain from financial institutions other than KRW 130 million borrowed from the victim or to obtain investments from other persons without being selected as a factory site, and the Defendant did not have to obtain any business funds in advance, and ④ the Defendant did not have any business funds.