The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. Under the investment agreement of this case, the victim of the misunderstanding of the facts was recommended by the Investment Brokerage Company G, and the Defendant paid most of the instant investments (130 million won) as the lease deposit of a health club in M. according to the investment agreement of this case, and the Defendant concluded the said lease agreement with the victim and provided the victim with security equivalent to the said lease deposit.

The victim's investment is made in this case in consideration of the business performance, investment value, lease deposit, etc. of the health clubs provided as security in the above M, and it does not lead to the investment in this case by reporting the security value of the health clubs operated by the defendant in Q Q.

The reason why the victim did not pay the principal of investment and the profits is that the operation of the health club in M, unlike the first anticipated, has not been properly operated, and it does not have the intention of deceiving the victim or deceiving the investment fund in this case.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the fact that the Defendant has no specific penal power on the grounds of unfair sentencing, that the Defendant used most of the investment funds for a health club in M, and that the Defendant failed to return the investment funds due to business depression due to difficulties in recruiting its members and flood damage, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts: (i) At the time of the instant case, the Defendant did not have any other property except a health club operated in Q Q under the name of East, and was in a bad credit position; and (ii) the special terms and conditions of the instant investment contract did not cover the repayment of the principal and interest of investment.