The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Grounds for Appeal

A. The Defendant, after having agreed to invest 50 million won in the victim and E Coins, has invested in the above Coins, and did not deceiving the victim as stated in the facts charged.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant’s statement of confession that recognized all his/her own crime in the court cannot be easily rejected unless there is an explanation that it is possible to understand the circumstances leading to the confession, and the Defendant’s confession in the investigative agency and the court of original instance is different from his/her statement in the court of appeal cannot be said to be doubtful of the probative value or credibility of the confession.

(see, e.g., Supreme Court Decision 2010Do2556, Apr. 29, 2010). There is no evidence to deem that the Defendant was paid KRW 50 million with the investment money to the victim after the Defendant told the victim to make an investment in Eco, and it is difficult to deem that the Defendant purchased the above KRW 50 million with Eco and paid it to the victim.

(B) The lower court’s evidence duly admitted and examined, including the statement of transaction by account (No. 5) on July 26, 2018, including the statement of transaction by account (No. 5) and the evidence submitted by the Defendant after the closure of pleadings, merely can it be acknowledged that the Defendant spent for personal purposes at approximately KRW 10 million after the Defendant received KRW 50 million from the victim on July 26, 2018. The witness M of the trial party did not directly participate in the situation at the time when the victim remitted KRW 50 million to the Defendant or the process that the Defendant did not take over the restaurant, and even after examining all of the records of the instant case, it cannot be deemed that there was any fact or circumstance that could conceal the credibility of the statement made by the Defendant on the fifth trial date of the lower court.

The victim is limited to the court of the court below.