The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the facts by deceiving the victim and deceiving the victim by borrowing KRW 200 million.

However, the defendant, however, recommended the victim to make an investment of KRW 200 million on condition that he/she will transfer 50% of the shares E and distribute profits at the ratio of 2:1, and the victim is notified of the content and risk of the business with the defendant, and invested KRW 200 million after sufficiently examining the risk. Thus, the judgment of the court below on the premise of the borrowed money is erroneous in the misapprehension of facts, which affected the conclusion

B. The sentence of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court rejected the Defendant’s assertion by explaining the reasoning at the bottom of “a summary of evidence”.

In addition to the judgment of the court below, the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, i.e., the crime of fraud, even if the investment money was established through the deception, where a person who was invested at the time of the investment agreement received the investment money from the investor to use it for the investment project explained by the investor with the intent or ability to return the principal within a certain period even if the investment money was used for the investment project, and thereby makes a false statement as if he/she were to return the principal to the investor within a certain period, the act of fraud can be deemed as a requirement for fraud if the investor, in light of the specific circumstances at the time of the act, such as the relationship between the investor and the investor, transaction situation, the investor’s experience, knowledge, character, occupation, etc., and if the investor made an investment in trust with the intent to return the principal within a certain period, and whether there was an intent to receive the investment money from the damaged person at the time of the investment money agreement