The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay the above fine.

1. The summary of the grounds for appeal 1) The Defendant had the intent and ability to attract the investment amount of KRW 1.4 billion, but the victim did not enter into a land sales contract and did not obtain a construction permit, and thus, did not have the intent to acquire money by deception.

2) The punishment sentenced by the lower court (2.5 million won) is too unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can fully recognize the fact that the Defendant did not have the intent or ability to attract the investment money, and that the Defendant had the intent to acquire by deception

① In light of the fact that the victim failed to prepare purchase price of Q land and entered into a joint investment agreement with the Defendant, and the Defendant stated that the purchase price is leased to the victim (Evidence No. 28 pages), and that the victim cannot enter into a sales contract in accordance with the business plan unless the contract deposit for purchase and sale of land is provided, it appears that the investment made in the judgment of the court below was erroneous for the Defendant.

(2) The Defendant intended to attract the representative director of J Co., Ltd. to K to make an investment.

The argument is asserted.

However, the capital of J Co., Ltd is not more than 50 million won (Evidence No. 1377 pages of evidence) and has sufficient capability to attract the investment amount equivalent to 1.4 billion won.

It does not seem that it does not appear.

In addition, on December 2014, which was 3 to 4 months prior to the instant crime, the Defendant was sentenced to the suspension of indictment on June 30, 2015, on the ground of the fact that he acquired money in the name of loan intermediary expenses by means of false words “to attract K to attract investment money.” In the instant case, the Defendant told the complainant that he believed only the horses of K and made an investment.

D. The Appellant stated that the investment was not made.

In other words, the Defendant did not pay the investment money as agreed by K immediately before the instant crime.