The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. Around August 2011, the Defendant: (a) was working as a broker at the F Real Estate brokerage office located in the Gu and America; (b) had the F’s proposal promoted solar power generation projects and the ED projects that cultivate ginseng through these projects; (c) borrowed the instant money from the victims as activity expenses; and (d) spent most of the borrowed money as funds and activity expenses related to the projects.

(1) On November 201, 201, KRW 6.5 million was the office rent deposit for the pertinent project, and F was directly paid by the lessor. The leading of the project was F. The Defendant, upon F’s request, processed the practical work for preparing the project, and the Defendant waived the investment by the F F’s member who made efforts for the success of the project, such as holding the head of the Gun, the investor interview, and the project presentation meeting, but was to make efforts for the success of the project, but failed to attract more investors, and given up the project.

The defendant does not receive the money of this case from the victims for the purpose of investment without the intention or ability to conduct the above business, and shall not obtain it.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following facts or circumstances are acknowledged.

① The Defendant asserts to the effect that all the victims received money from the victims were borrowed as expenses for the promotion of solar power generation projects and the ESD projects that cultivate ginseng through such projects. However, according to the contents of each consistent statement at the investigative agency of the victims and the court below, and the statement of each document, such as a loan certificate, written in relation to the delivery of each money, the Defendant is charged of the instant case.