The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Reasons for appeal

A. As stated in paragraph (1) of the facts constituting a crime of misunderstanding the facts, most of them were to be used as K acquisition fund even if they were to be used as K management fund at the time of borrowing KRW 50 million from the damaged person, and the purpose of use was not designated. The victim did not lend money even if the defendant used the above money as K management fund, so there is no relation between deception and monetary lending.

B. Improper sentencing: 8 months of imprisonment;

2. Determination

A. As to the Defendant’s assertion that the lower court: (a) borrowed KRW 50 million from the injured party to use it as K and G acquisition fund; (b) stated at an investigative agency that all H, who introduced the Defendant, the injured party, and the injured party, was paid KRW 50 million with the funds to take over the neighboring marina in Ansanyang; and (c) the victim and H stated at the court of the lower court that the purpose of borrowing KRW 50 million was the same as the Defendant at the court of the lower court; (d) however, this stated in the same purport after agreement between the injured party and the Defendant, that it is difficult to believe that it was a changed statement; and (e) the Defendant paid KRW 150 million to acquire G.

However, in light of the fact that there is no objective evidence to acknowledge it as well as KRW 5 million, the Defendant acquired and operated G with the said money even if borrowing KRW 50 million from the injured party, and had the ability to repay it.

The court below rejected the defendant's assertion on the ground that it is difficult to see it, and in light of the records, the court below's above determination is just.

B. According to the record, N acquired and operated K on January 2016, and solicited the Defendant to make an investment due to the shortage of operating funds, and the Defendant responded to this, on March 25, 2016, part of the amount of KRW 50 million borrowed from the injured party, according to N’s instruction.