The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The defendant was actually operating business at the time of receiving investment from the victims of misunderstanding of facts, and the defendant was sufficiently capable of fully repaying the damage due to the disposal of machinery, so there is no fact of deceiving the victim.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

The following facts can be recognized by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts.

On February 2, 2013, the Defendant purchased 30,000,000 won from J, a corporation of F, and 30,000,000 won in total, and 60,000,000 won from J, a social ship, and began to engage in king rental business.

On May 21, 2013, when the Defendant invested KRW 10,000,00 in the victim E and E, the Defendant: (a) operated the business of purchasing and leasing the said money with the said money; (b) paid KRW 700,000 equivalent to the 7% of the said money each month as profits; and (c) entered into the “Agreement on the Operation of the king-Leing Rental” with the intent to return the principal after six months; and (d) on the same day, E remitted KRW 10,000 to the Defendant.

On June 27, 2013, when the Defendant invested KRW 10,00,00 in the victim H and H, the Defendant: (a) operated a business to purchase and lease the said money with the said money; (b) entered into a contract for the operation of the king Lease; (c) on the same day, H remitted KRW 10,000 to the Defendant; (d) on July 1, 2013, H entered into a contract for the operation of the king Lease Lease with the content of investing KRW 5,000,000 in the said amount; and (e) on the following day, H transferred KRW 5,00,000 to the Defendant; and (e) the Defendant paid KRW 1,05,000 corresponding to the said amount every month in return for the said investment of KRW 15,00,0000.

On July 1, 2013, the Defendant invested KRW 15,00,000 between the victim G and G, and the Defendant.