The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the money received from the victim of mistake of facts is not received as investment money in connection with the E business, but received for personal purposes, there was no intention to deceive or defraud the victim.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be sufficiently recognized that the defendant has taken money by deceiving the victim as stated in the facts constituting the crime in the judgment below, so this part of the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant did not make any effort to recover from damage; (b) the lower court sentenced the fine imposed by the summary order to reduce the amount of the fine imposed by the summary order; and (c) there are no changes in circumstances that may consider the sentencing after the lower judgment; and (d) the background, means and methods of the instant crime; (b) the circumstances after the instant crime was committed; and (c) the Defendant’s age-oriented environment; and (d) various circumstances that are conditions for sentencing under Article 51 of the Criminal Act,

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.