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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In fact, the Defendant was actually willing to engage in a business with the victim, and accordingly paid a considerable amount of profit, but the Defendant caused the fault that he did not deal with inventory and caused the business to deal with the business, but did not intend to obtain the investment money of the victim from the beginning.
Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the lower court on the assertion of mistake of fact, under the circumstances where the Defendant, who was engaged in the clothing wholesale trade, bears a large amount of obligation not to be able to cope with, the lower court would make or purchase the money with the money, and then divide the profits from selling the money into one half.
The proposal received money exceeding KRW 45 million from the injured party as a means of investment, but filed an application for bankruptcy with the court without continuing to conduct the business, while saving contact with the injured party. While some of the money received from the injured party was used for the actual purchase of clothes, it can be recognized that the injured party was used for personal purposes, such as repayment of the outstanding amount, living expenses, and operating expenses, without notifying the injured party. In light of these facts, the defendant received the investment money from the injured party from the beginning, without notifying the injured party of the considerable amount, without notifying the injured party of the fact that it is difficult for the injured party to return the investment money from time to time due to its intention or ability to repay it normally even if he received the investment money from the injured party from the beginning, or at least do or due to the defendant's economic situation, etc., he received the investment money from the injured party.