The defendant's appeal is dismissed.

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

A. Since the Defendant used the money invested by the victim for the purpose of cultivating a scalma, but did not make profits because it is not good, the Defendant did not have any intention to acquire the money by deception.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant was at approximately KRW 4,00 on the ground of Jin-si Q, Q, etc. after receiving investment from the victim is recognized.

However, according to the records of this case, the following circumstances are also acknowledged.

1) The defendant made a relatively consistent and concrete statement that "the victim made a high income of 30 million won by cultivating a dry field 200 million won in 2001 and raising a high income of 30 million won in 2000 won in 10,000 in 200, and made a lease of land to cultivate a high gum in 45 million won in 10,000 in 200. When investing 45 million won in 45,000 won, 50% of principal and its profits until the end of October, 201." However, in the first and second police investigation, the defendant made a relatively consistent and concrete statement that "it is 50% of principal and its profits until 20,000 won in 200 won in 20,000 won in 200 won in 200 in 200, and the defendant made a statement to the victim as above, and it cannot be reversed the defendant's statement to the extent of 100, including the above evidence.

3) In addition, R, S real estate lease contract (Evidence No. 11 of the evidence record is not leased for the purpose of cultivating ancient gums, but is the name of father F of the defendant, and thereafter the land is located on the land.