The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the defendant, who received KRW 170 million from the victim for the purpose of stock investment and actually used it for the stock investment. However, since he was unable to return the principal of the investment to the victim due to the failure of stock investment, he did not obtain the above KRW 170 million, he asserts that the court below erred in the misapprehension of facts that the defendant acquired money from the victim, thereby affecting the conclusion of the judgment.

B. The Defendant asserts that the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the court below on the assertion of mistake of facts is justified in light of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the trial court: (i) the victim has consistently stated the facts and circumstances of damage from the investigative agency to the court of the trial; (ii) the defendant has the intent and ability to return the principal to the victim as long as the victim received money from the victim as the victim was promised to return the principal of investment; (iii) the defendant has promised to return the principal to the victim without any specific plan to return the principal to the victim; and (iv) the defendant did not have any specific measures to return the principal to the victim in the event that the victim is unable to make profits through the purchase and sale of shares; and (iii) the defendant was unable to pay the principal to the existing investors due to failure to return the principal to some other investors, and was organized by returning the principal to them, but such circumstances were not notified to the victim.

Therefore, this part of the defendant's assertion is justified.