The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. Summary of grounds for appeal;

A. In fact, the Defendant was not able to repay the investment money to the victim who was in the same business relationship, but did not intend to acquire the investment money from the victim.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Based on the following circumstances, the lower court determined as to the assertion of mistake of facts: (a) the Defendant and the victim did not have a business relationship; and (b) the Defendant knew that it is difficult for the Defendant to pay the investment principle promised even if having received an investment from the victimized person; and (c) received an investment by making a false statement on the business status; (d) thus, there was intention to acquire the investment money from the Defendant

In light of the facts charged in this case, the Defendant was convicted.

1) On October 201, 201, prior to the Defendant’s investment from the damaged party, the Defendant commenced a sales business of used agricultural machinery in Cambodia. The victim did not have any particular knowledge about the sales business of used agricultural machinery, and there was no particular reason for the Defendant to work together with the victimized party in addition to the Defendant’s investment of money from the damaged party.

2) In the case of a partnership relationship, not only the profit from the settlement of accounts but also the loss is generally borne by the Defendant and the victim. It is common that the Defendant and the victim only determine to pay the profit from the principal of investment, but did not determine whether the victim bears the burden of loss if any loss

3) While the Defendant purchased agricultural machinery from the injured party with money invested, and sold it at the Defendant’s store in Cambodia, the Defendant arbitrarily used the profits accrued therefrom without consultation with the injured party.

(iv)be accompanied by the Defendant to purchase and load secondhand agricultural machinery and equipment, and Cambodia;

Even though the defendant's heavy agricultural machinery sales business has been operated, it is confirmed the use of the investment money of the defendant or returned the principal and interest of the investment to the defendant.