The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. In fact, the part of the investment money that the Defendant suffered from the damaged was actually used for the business that the Defendant intended to operate, and the remaining investment money was used for other businesses, such as a cream bank.

The defendant did not acquire the investment money from the damaged person.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence adopted and examined in the lower court’s determination on the assertion of mistake of facts, the Defendant is recognized to have received money from the victim by deceiving the victim as necessary for the project, such as softening and funeral services, even if the Defendant did not use the invested money for the intended project or thought that only some of them

If the injured party knew the above facts, it seems that he would have not invested money in the defendant, so it is recognized that the defendant deceivings the injured party and acquired the money.

If there is a delivery of money due to deception, it itself infringes on the victim's property, thereby establishing fraud. Thus, even if some of the money received was actually used for business.

Even if a crime of fraud is established against the whole money received.

The defendant's assertion of facts is without merit.

B. The Defendant’s judgment on the unfair argument of sentencing is against his act.

There is no past record that the defendant has been sentenced to punishment.

These points are favorable to the defendant.

The amount obtained by deceit exceeds one billion won.

Most damages have not been recovered.

Defendant committed a crime during the period of probation.

Defendant has been punished several times as a crime of fraud.

These points are disadvantageous to the defendant.

In light of these circumstances and the defendant's age, sex, environment, family relationship, circumstances, results of the crime, and all of the sentencing conditions in the pleadings after the crime, the sentence of the court below is not hot.