The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had lent the money received from the victim D to R, etc. under the pretext of having been invested, with respect to the mistake of facts regarding the fraud of the victim D, but the Defendant failed to refund the investment money to the victim due to the obligor’s failure to repay the money, and therefore did not have any fact of deceiving the victim, and did not have the intent of deception.

Nevertheless, the judgment of the court below which convicted the defendant is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year and two months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 30, 2017, the Defendant stated that “A”-based victim D, the owner of the “C” office, “C, if investing money, will manage the money as corporate bonds so that the bank can receive a higher profit than the principal.”

However, at the time, the Defendant had a debt of 55 million won or more, including financial right debt of 40 million won, and there was no transaction partner who can manage the bonds. Therefore, even if the Defendant received money from the victim for the purpose of investment, he did not have an intention or ability to lend the money to others as bonds and to pay the profit by receiving interest.

Nevertheless, on March 30, 2017, the Defendant received 4.5 million won in the E bank account (F) account under the name of the Defendant on March 30, 2017 from the defraudedd victim D as above, and acquired 31.6 million won in total from that time on eight occasions until July 25, 2017 as shown in the attached Table 1 of the Crimes List in the lower judgment.

B. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the judgment, the fact that the Defendant, who received profits from the management of the bonds, would be sufficiently recognized by deceiving the victim to pay the principal and high profits, can be sufficiently recognized.