The defendant's appeal is dismissed.

1. The gist of the grounds for appeal (the factual error and inappropriate sentencing)

A. Although it was true that a mistake of facts Defendant received KRW 80,000 from the victim as security deposit and loan, and failed to repay it, it was judged that the victim remitted money after determining the feasibility of business with a well aware of the financial status of D Co., Ltd. (hereinafter “instant company”), and the Defendant did not explain that the investment attraction was completed for the victim. Therefore, the Defendant did not deceiving the victim.

In addition, since it is impossible to pay the above money to the victim on the wind that does not attract funds according to the plan, there was no intention to obtain the money from the defendant.

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by evidence duly adopted and examined by the court below and the court below: ① the defendant and A actually operated the company of this case; ② the defendant's business affairs are in charge of attracting and operating the company of this case; ② the victim heard from the defendant and A the explanation that he would deposit the security money in the event of the occurrence of the volume of cargo after completing the business prospects and attracting funds of the company of this case; ② the defendant has remitted the amount of KRW 50 million to the defendant; and the defendant has consistently stated that he actively explained the above explanation at the time ( even according to the statement of the defendant by the defendant, it is also necessary to have the transportation right if A operates the company of this case normally in the introduction of the victim to the defendant, and it is recognized that the defendant also made the statement to the victim of this case with the defendant.