The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim to use the investment funds, and used all the money received from the victim as business funds E (hereinafter “the instant wedding hall”).

In addition, the victim did not pay KRW 400 million to the defendant, but made an investment in his decision after identifying all the business status and financial conditions of the defendant, taking into account the various circumstances.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged in this case even though the defendant had no intention to commit fraud, and did not deceiving the victim, was erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On January 10, 2018, the Defendant stated in the instant facts charged that “C” coffee shop located in Daegu-gu, Daegu-gu, stating that “When investing KRW 350 million in the Eetype hall business and lending KRW 50 million to the Defendant individual, the investment would be used as the construction cost and operating expenses of “E” and the amount of the loan would be repaid by June 30, 2018.”

However, even if the Defendant received money from the victim as the investment deposit of “E”, the Defendant was thought to use some of them as “F,” “G,” and “H’s employee benefits or monthly rent,” which is another futures company in the course of operating or planning to operate, and the Defendant was in a situation where it is difficult to create profits as it is difficult for the Defendant to pay a total of approximately KRW 47 million due to the delayed payment of management expenses for the building of “E” from September 2017 to around that time. In addition, the Defendant was a total of KRW 1.1 billion from many persons in relation to the operation of the Defendant from around 2016 to around 2018.