The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant merely received investments from the injured party on the “D main points” as stated in the facts constituting a crime in the lower judgment, and did not deceiving the injured party, nor did he/she have any intention to deception.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances that can be recognized by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant can fully recognize the fact that the defendant intentionally deceiving the victim as stated in the facts constituting the crime in the judgment below and acquired money.

A. In light of the following circumstances, the victim’s nature of the money is the investment in D, but it can be recognized that the defendant guaranteed the repayment of the principal.

1) The amount paid by the injured party was the name of D’s operational fund.

The victim made a lot of inquiries and presented opinions to the defendant in relation to the operation of D, and received reports on the details of operation from the defendant.

The victim sent to the Defendant a message, such as “I have invested in Lincheon,” and “I have made a belief that I have made an investment in Lincheon even if I have opposed to it.”

Therefore, the money paid by the victim has the nature of investment to D.

It is reasonable to view it.

2) However, in light of the following circumstances, it may be recognized that the Defendant guaranteed the repayment of principal of the said investment.

A) The victim consistently stated from the investigative agency to this court that “the Defendant agreed to repay the investment amount with the proceeds, and even if the business is well known, the victim made payment of D’s lease deposit of KRW 120 million and premium of KRW 70 million to guarantee the principal by paying the principal.”

The defendant is also the main point at the prosecution investigation stage.