The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In the case of crimes listed on No. 3 per annum of the crime sight table in the judgment of the court below (crimes as of December 29, 2015), the victim did not borrow money from the victim, but made a donation to the victim at the request of the defendant.

In the case of crimes listed in 8 items in the same crime sight table (the crime committed on January 13, 2016), the victim merely delivered money to the victim for the purpose of transferring the investment money to the Kindog-house transferor while requesting investment in the Kindo-house acquisition. Therefore, there was no intention of deceiving or deceiving the victim.

In the case of each crime described in the same list of crimes 1, 2, 4 through 7, 9 through 11, the borrowing of money from the victim is sufficient, but the victim was paid the money without due date or interest agreement, and the victim was not paid the money later, and there is no fact that the defendant deceivings the victim about the source or ability to pay the money.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous by misunderstanding facts and affecting the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant, while having no intent or ability to repay, by deceiving the victim as stated in the instant facts charged, and by deceiving the victim of KRW 35490,00 (hereinafter “the instant money”) is sufficiently recognized.

1) The victim consistently stated that it is not a donation to the Defendant from the investigation stage to the court below’s decision. 2) The Defendant asserted that the victim transferred KRW 90,000,000 to transfer the investment funds necessary for acquisition, while ordering the Defendant to take over the skin house.