The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The defendant is not guilty of deceiving the victim by promising to pay the victim a profit from the investment.

The victim was aware of the fact that the victim was involved in the above business even though he/she was aware of the fact that he/she could not receive earnings if he/she did not attract investment through the introduction of M (alias), an accomplice to a crime of fraud or a crime of receiving similar facts committed by the defendant, and that he/she could not receive earnings from the business. Thus, the court below erred in the misapprehension of facts.

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

2. Determination

A. The following facts are acknowledged by evidence duly adopted and examined by the court below as to the assertion of fact. ① The victim consistently stated that the defendant has invested KRW 2.4 million in the promise to pay the profits of KRW 2.4 million each month from the investigative agency to the court of the court of the court below. ② The victim set in the court of the court below the rate of payment of profits from oral investments between 12% per month and 15% per month between the defendant and the defendant. Accordingly, the victim was paid KRW 2.6 million per month from the defendant over two occasions from October to November, 2015. During the conciliation process, it was stated that the ratio of profits under the investment contract was a blank column. ③ The victim stated that the victim was reliable in the victim’s statement that he provided the funds on the premise of payment, ③ The defendant provided the funds to the above business and provided the funds to the defendant with the funds to the defendant, but did not believe that there was a result of the defendant’s oral investment in the business.