The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was not paid KRW 130,000,000 (hereinafter “the instant money”) from the injured party under the pretext of the borrowed money, but was paid the Defendant’s investment in B (hereinafter “B”).

In addition, since the defendant is proceeding smoothly at the time of receiving the instant money from the injured party, the defendant did not have any intention or ability to repay the money from the beginning.

Therefore, there is no intention to obtain fraud from the accused.

B. The sentence of the lower court (eight months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. Considering the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and investigated at the court below as to the assertion that the instant money is an investment amount, it is deemed that the instant money is a loan.

Therefore, this part of the defendant's assertion is rejected.

1) The victim consistently stated from the investigative agency to the trial court that “the Defendant paid the instant money under the name of the Defendant,” and the Defendant also, at the time of the prosecutorial investigation, stated to the effect that “the Defendant made an investment in the instant money to the victim with the corporate operating funds, and the victim did not have the ability to lend KRW 200 million at the same time as the victim did not have the ability to lend the money to the victim. However, if the loan is KRW 200 million, it would be converted into the investment funds and made an investment.

On November 25, 2014, the day when the Defendant received KRW 50 million out of the instant money, the Defendant made a loan certificate (the page 2.11 page of the evidence record) to the effect that the Defendant first borrowed KRW 80 million (the evidence record No. 152 page 1). The Defendant issued a loan certificate to the victim on November 25, 2014, which was the day when the Defendant received KRW 50 million from the instant money. Finally, on January 26, 2015, the Defendant issued a certificate of confirmation of the loan.