The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) and the defense counsel explicitly withdrawn the grounds for appeal from the second trial date.

The defendant did not deceiving the victim and did not have the intention to commit the crime of deception.

① The Defendant, who was unable to repay the investment amount to the victim, did not induce the victim from the beginning due to the Defendant’s deception and nonperformance of obligations by the Hague factoring Supplier Co., Ltd. (hereinafter “J”) that was not anticipated at that time.

In other words, the defendant had been actually engaged in the business of factoring sales by concluding a contract for goods supply with the J prior to being invested by the victim.

Although the Republic of Korea, except for R Co., Ltd. (hereinafter referred to as “R”), the Republic of Korea entered into a contract with Defendant for the supply of goods with the third party, hiding these facts, and subsequently, due to a disposition of gold price such as manufacture and sale applied by R (hereinafter referred to as “the provisional disposition of this case”) on April 4, 2014, the KJ was unable to supply the fact to the Defendant any further.

The defendant becomes aware of the fact that the provisional disposition of this case was accepted later, but the J may sufficiently change the filing of the objection.

Along with the above provisional disposition, it was believed that there is no problem if the business is conducted by being supplied with a sphering hinging hing that is irrelevant to the above provisional disposition, and the product value is high and the sales business was continuously promoted by Sping hinging hing.

㉣ 그러나 피고인의 예상과 달리 J는 이 사건 가처분 이의 신청 사건에서 패소하였고, 공급 받은 스파 클 링 헤어 팩에도 심각한 하자가 발견되어, 결국 피해자에게 투자금을 변제하지 못하게 되었다.

② The annexed list of crimes (hereinafter referred to as “crime list”) of the lower judgment is set forth in subparagraphs 1 and 2.