The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not mean that the victim will be used only as E deposit, out of total project cost of KRW 450 million, 300 million.

Since capital has been advantageous to determine as KRW 200 million, only KRW 34 million equivalent to the victim's share ratio (17%) out of KRW 100 million invested by the victim was paid to the corporate account as capital. The remaining KRW 66 million was kept in the individual account, and the representative director deposited it into the corporate account in sequential order, and the victim invested all of the money invested in the company.

In addition, there is no agreement to guarantee the principal of the victim.

Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, since there was no deception of the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following facts acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, and the circumstances inferred therefrom, the defendant could fully recognize the fact that the defendant deceivings the victim as stated in the facts of the crime in the judgment of the court below and acquired KRW 100 million from the victim.

The defendant's assertion of mistake is without merit.

① The victim, from the investigative agency to the court of the first instance, solicits the victim to make an investment, and the victim enters a total of KRW 450 million in the instant project including KRW 100 million in the investment of the victim. double KRW 300 million is a security deposit to be paid to E and KRW 50 million in the warehouse lease deposit. Even if the project is failed, the victim’s share (17%) out of the total amount of KRW 350 million is to be compensated.