The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding and unfair sentencing) is that the Defendant provided money to the victims to him/her and received profits from the victims and received 10% interest per month from the victims.

The reason why the defendant was prevented from giving money to the victims is that it was invested in the Cheongbaek project operated by E, and it was impossible to return the investment money.

The defendant did not receive money by deceiving victims.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

Even if the defendant is found guilty, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Determination

A. The victims of the assertion of mistake of facts have lent money to the victims from the investigation stage to the court of the court below, which led the victims to pay money. Specifically, the victims C gave 17 million won to the defendant at the rate of 10% interest per month, and the victims D borrowed 20 million won to the victim D with the principal and interest of 20 million won per month. On January 3, 2011 and January 26, 201, the victims paid 40 million won in total, respectively.

The statement of the victims is supported by the evidence duly adopted and examined by the court below, such as the loan certificate, copy of the passbook, and the details of the passbook, which the defendant provided to the victims.

In particular, the prosecutor made a statement to the effect that the defendant made a statement to the effect that he/she would make the interest and principal in return for money to another person, and that the above statement by the defendant conforms to the contents of the victim's statement.

The defendant is from victims.