The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the Defendant did not deceiving the victim as stated in the facts charged of the instant case; and (b) the victim returned the money after receiving the money.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The judgment of the court below is based on the evidence duly adopted and examined, i.e., ① the victim made a consistent statement at the investigative agency that corresponds to the facts charged of this case; ② the Defendant’s statement (No. 2 & No. 11 of the evidence record) of the “T&S Fund dedicated to Samsung Securities VIP” prepared by the Defendant to the victim; ② The Defendant, while the Defendant, by obtaining information from L, solicited the victim to make an investment in real estate on the river side, and gave money to the Defendant as a real estate investment deposit; however, the Defendant’s specific personal information and contact with L, which the Defendant obtained real estate information (No. 11 and No. 12 of the evidence record), and K (No. 10 of the evidence record No. 10 of the evidence record), which introduced the Defendant to the victim; and the Defendant’s statement that there was no knowledge about the land at the investigative agency; and ② the Defendant did not request the Defendant to return the money to the Defendant at all after 15th of the charges to the effect that the Defendant did not have received any money.