The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant did not have committed an active deception against the victim by neglecting the ability to repay, etc.

Although the Defendant borrowed money from the victim under the name of “cost for the purchase of special goods” and used it as the office operating expenses of the company, it can be viewed as the company’s operating funds in nature, and even if the victim knew of such circumstances, it cannot be readily concluded that the Defendant did not lend money. Therefore, it is difficult to deem that the Defendant notified false use.

In addition, at the time of borrowing, the defendant had the ability to repay, but the management has deteriorated, and the victim was only unable to repay the borrowed money due to the aggravation of the loan, and the defendant was expected to have a big profit despite being aware of the fact that the defendant's credit status is not good through continuous monetary transactions with the defendant, so it could have sufficiently predicted the risk of the impossibility of repayment and the

On the other hand, it can not be ruled out that the victim has delivered money to the defendant with investment funds, not with loans.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended execution, two years of community service, 160 hours of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts, the Defendant could fully recognize the fact that the Defendant deceivings the victim two times through a total of KRW 70 million, as in the instant facts charged.

1. The victim: (a) the sum of KRW 50 million on October 28, 2014, and KRW 70 million on October 29, 2014, as well as KRW 20 million on October 29, 2014.