The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. It is true that the Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), made the victim make a false statement that “The husband, G will make an investment,” thereby receiving money from the injured party, and made a contribution to H.

However, since the victim was aware that he did not have the financial capacity of G, and was paid money for the purpose of interest of 2% per month, the defendant deceivings the victim or was omitted in mistake.

shall not be deemed to exist.

By November 2018, the Defendant received profits from H and paid the interest agreed upon to the victim and repaid the principal in part.

In this regard, A self-H is bound and thus it is impossible to pay the remaining principal and interest.

Therefore, the defendant did not have any intention to commit fraud.

(2) It is true that each fraud defendant received money from the injured party as a bail by making a false statement that "if there is a custody of the husband, G, who is the husband, and the bail is required."

However, the investment money was operated at the time.

H was actually bound by the Defendant, and the Defendant tried to use the said money as a bail for the victim’s repayment of investment funds.

Therefore, the defendant did not deceiving the victim and did not have the intention to commit the crime of fraud.

The remaining fraud fraud funds except the above bail money will be donated to the defendant as living expenses, children's money, etc.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of the legal principles, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court can sufficiently recognize that the Defendant received the money from the victim who caused a mistake and received the money from the victim, and that the Defendant had the intent to defraud him at the time.