The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The fact that the Defendant’s financial situation was not good at the time of misunderstanding the facts, but, while developing the actual bitco settlement system, the 1 billion won was in progress from H to receive an investment of KRW 300 million from individual investors. However, it is merely a fact that the Defendant was unaware of the victim, as the investment amount was no longer made from H and the development of service was not carried out smoothly after receiving the investment money from the victim, and the investment amount or profit was not paid. Nevertheless, the lower court convicted the Defendant of the facts charged in the instant case. Nevertheless, the lower court erred by misapprehending the facts, and thus, the lower court’s judgment was unreasonable.

B. The sentence imposed by the Prosecutor (ten months of imprisonment) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also rejected the Defendant’s assertion of mistake of facts, and the lower court, in detail, stated the Defendant’s assertion and its decision in the written judgment.

The judgment below

Examining the reasoning closely compared with the evidence duly admitted and examined, the judgment of the court below is reasonable and there is no violation of law by mistake of facts.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the amount acquired through deception due to the instant crime is considerable to KRW 100 million, and the economic and mental suffering suffered by the victim is deemed to have been considerable since November 2016, which was the date of the instant crime, since the considerable period from November 2016, because the payment of damages was not made properly, and the fact that the Defendant and the prosecutor did not agree with the victim

However, most of the damages have been recovered by repaying KRW 10 million in the original trial, and KRW 80 million in the original trial, and the victim also.