The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is not a loan but an investment amount of KRW 50 million received from the victim, and the victim only invested in the defendant's business according to his own decision, and there was no deception by the victim.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In a case where the Defendant consistently led to a confession of a crime from the investigative agency to the date of trial, and reversed his/her own confession from a certain trial date, in addition to examining the credibility of the confession statement, the following should be examined: (a) the motive, reason and circumstance behind the reversal of his/her confession, together with the motive, reason and circumstance leading up to the reversal of his/her confession; and (b) whether there is evidence supporting the reversal of his/her statement since the investigative agency

(See Supreme Court Decision 2015Do17869 Decided October 13, 2016 (see Supreme Court Decision 2015Do17869, Oct. 13, 2016). Based on the foregoing legal doctrine, the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the lower court relating to the instant case, namely, ① the Defendant borrowed 50 million won from the victim on or around May 2015, and returned the principal thereof to the end of September 2015, and the Defendant returned all the right to remove the C-A site to the victim (Evidence No. 29, Evidence No. 29, Evidence No. 2). ② The Defendant consistently made a statement that he/she was deceiving the victim as if he/she was under way of the establishment and development project of the C-A-A-A-A-A-A-A-A-A-A-U-U-U-U-U-U-U-U-U-U-U-U-U-D-U-U-U-U-U-U-U-U.

We have borrowed money from the victim's promise that cannot be collected, and the specific situation of promoting the establishment of the association, or the requirements for establishing the association.