The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. The Defendant, on behalf of the victim, paid the profits from investment damage instead of futures option, and received investment from the victim only, and did not deceiving the victim that the profit would have been incurred by importing and selling golf loans. The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Even if not, the sentencing of the lower court (the fine of KRW 1.5 million) is too unreasonable.

Judgment

A. The following circumstances that can be acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts, i.e., (i) the victim B purchased golf loans from the investigative agency through the investigation agency to the present court, and made a statement that the defendant remitted the amount of KRW 4.4 million to the defendant by taking over and selling them in China (the defendant requires funds of at least KRW 4.4 million in order to import golf loans from a foreign country). As such, the victim's statement that the defendant lent the amount of KRW 4.4 million to the defendant under the pretext of golf loans is insufficient in credibility. However, the victim's statement is not the victim's statement that the defendant said that the defendant would make the business of importing golf loans from China, but rather that the defendant would make the payment of profits equivalent to the difference between the company and the sale of the same, the above defendant's statement is not accepted). ② At the time of the initial police investment investigation, the defendant also purchased golf loans from China to the victim and then sold it in Korea.