The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged in the instant case, states that materials will either be loaded or repaid within 30 days, and that there was no means to borrow money from the victim, and the Defendant intended to carry out a business, such as importing materials with an investment of KRW 300 million to the victim. The Defendant failed to implement the business plan as intended to obtain an investment of KRW 100 million. At the time, the market price of the factory operated by the Defendant had the intent and ability to repay the investment amount to the victim with an amount equivalent to KRW 5 billion, and there was no intention to deception.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the defendant also stated in the police investigation that “it is deemed that there is no agreement on specific details of investment or profit from investment, etc.," and the victim did not specifically produce information related to the business investment to the victim and was recognized as having received money similar to the borrowing (not more than 26 pages of investigation record), ② The defendant consistently from the victim investigative agency to the court, to the victim investigative agency, and consistently, the defendant is waiting for shipment of 40 feet containers 40 feet containers in the Philippines.

The Republic of Korea shall have funds and go to the field of the Philippines.

The loading may be encashed by operating 15 days only on the 15th day of the loading.

“A statement is made to the effect that the said statement was made to borrow money. Such a statement was accompanied by the said Defendant’s statement or the victim.

G In full view of the following circumstances and the fact that G statements are made to the effect similar to the victim, it is reliable, and ③ there is no document related to investment, such as an investment agreement, between the defendant and the victim, and the defendant is 100 million won.