The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of the legal doctrine, the Defendant is “L” organized by the police officer from the J Department (from September 4, 2014 at the Incheon literature stadium).

9.9. A joint investment made an agreement to pay profits by jointly investing in the remaining values, and made an investment in L by the victim of the loss.

If profits have accrued as scheduled in L, it was possible to interfere with the promise of the victim by leaving the artist out of the money. However, unlike the scheduled amount, L did not make profits or did not comply with the promise with the victim.

Therefore, the defendant's act cannot be deemed as a crime of fraud, and the court below convicted the defendant. The court below erred by misapprehending the legal principles on fraud, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (five months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. The intent of the crime of defraudation, which is a subjective constituent element of fraud, has to be determined by comprehensively taking account of the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of performing transactions before and after the crime, unless the Defendant was led to confession (see Supreme Court Decision 95Do424, Apr. 25, 1995, etc.). According to the evidence duly adopted and examined by the lower court, the Defendant entered into a contract with the victim for the use of a prison year with the victim and planned the operation of a prison with the J from June 2014, prior to the date when the Defendant received the payment from the victim. ② The Defendant did not notify the victim of the plan to cover the amount of money needed for the use of L with the amount of money needed for the use of the victim, and received the extra-conscion expenses without notifying the victim of the plan. ③ The victim would have paid the contribution fee to five celebbers (M4 million won, N8 million won, O5 million won, P.7 million won, etc.).