The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Error of facts or misapprehension of legal principles actually used part of the money borrowed from the victim for the operation of a guidance, and the rest of the money is at the interest to be paid to the victim through E, and the above company has invested in the same fund-raising company. Since the above company did not pay the money borrowed from the victim but did not pay it to the victim, the defendant does not have the intent to commit fraud.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendant requested the victim to lend money at the rate of 10% per month while he requested the victim to use it as the operating capital. The victim paid 90 million won per annum to the defendant on March 30, 2011. The defendant around that time, leased an officetel to use it as the operating office, and operated a system for 10 million won per annum or 2 million won for a few months by organizing the number of 10 million won per annum or 30 million won per annum for the defendant to use it as the 00-year interest rate of 10% per annum from the victim on the date of borrowing the principal and interest payment, and the defendant borrowed money from the 10-year interest rate of 4% per annum from the 204th day on the date of borrowing the money from the 14th day on which the 204th day of borrowing the money from the 3rd party.