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. Fact-misunderstanding Defendant had the intent or ability to repay money to the victim T in the case of 2016 High Order 1931. However, unlike the initial expectation, Defendant’s new store in H’s operation did not increase sales, and thus did not change the sales. However, the lower court found Defendant guilty of this part of the facts charged by misunderstanding the fact.

B. The sentence of the lower court’s improper sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. For the first instance of the judgment ex officio, the Prosecutor acquired the pecuniary benefit equivalent to KRW 78 million from November 10, 2014 to May 6, 2015, by obtaining a total of KRW 161 million from the injured party’s deception of the victim as above, to receive KRW 11 million from November 10, 2014 to pay KRW 161 million, and by failing to repay the remainder of KRW 78 million, thereby obtaining pecuniary benefit equivalent to KRW 78 million.

“The Defendant, as such, by deceiving the victim and by deceiving the victim, obtained a total of KRW 160 million from November 10, 2014 to May 6, 2015 from the victim to receive a total of KRW 110,000,000 from November 10, 2015.

The judgment of the court below was no longer maintained because it applied for changes in the bill of amendment to the bill of amendment, and this court permitted changes in the bill of amendment to the bill and became the subject of the trial.

However, the defendant's assertion of mistake of facts is still subject to the judgment of the court, and this study will be examined.

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① around November 201, when the Defendant borrowed money from the injured party, H Co., Ltd., (i) around November 201, which was at the time of borrowing money from the injured party, was merely a sales amount of KRW 40 million, and (ii) the investors and creditors were required to pay approximately five times the monthly sales with the investment proceeds and interest agreed upon, and thus, it is virtually impossible to attract outside funds.