The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case because the genetic development project planned by the defendant was not run properly, and did not return the investment money, etc. to the victim, and did not deceiving the victim with the intent to commit the crime of deception. The court below erred in the misunderstanding of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The criminal intent of defraudation, which is a subjective element of fraud determination as to the assertion of facts, has to be determined by comprehensively taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing transactions before and after the crime unless the defendant confessions, and the criminal intent is not definite intention, but is not definite intention (see Supreme Court Decision 2007Do10416, Feb. 28, 2008). In this case, the following circumstances, which are acknowledged as being comprehensively taken into account of health funds, the original court and the evidence duly adopted and examined, ① the 300,000,000,000,000 won, 60,000,000,000,000 won, 30,000,000,000,000 won, 60,000,000,000 won, and 30,000,000,00 won, more than 6,000.