The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, a punishment shall be imposed for a period of two years from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. Since the Defendant explained all important matters concerning the company of the victim, and the victim was aware of and invested in it, the Defendant did not have any intent to commit the crime of deception or deception.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the defendant argued the same purport in the court below, and the court below rejected the defendant's assertion in light of the circumstances acknowledged by the evidence adopted by the court below as stated in its reasoning, the defendant's deception as to the damaged person as stated in the facts of the crime.

The reasoning of the judgment of the court below is examined closely by comparing the reasoning of the judgment and the following circumstances acknowledged by the evidence. ① Although the defendant had a patent right (one-time “blus” related to voice-type typing typping typing typing typing typing typing typing, the defendant was trying to secure a core part of the HUD device, such as purchase from G, and thus, related technology was not owned. ② The defendant did not inform the victim of this situation in advance. ② This is contrary to the defendant’s explanation that the development of HUD products is possible within 3 months at the last stage, and ③ the defendant shows the financial statements written in the amount of 1 billion won, in light of the career, the victim appears to be unable to understand the meaning properly unless the defendant clearly explained it to the victim. After receiving investment from another victim, the defendant did not make an investment in relation to investment.