A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

A. As to the fraud against Defendant (1) with regard to the mistake of facts-finding victims G, the Defendant merely borrowed KRW 32.5 million as part of the fact that G would invest KRW 1.5 billion in the slaughterhouse F, which is a slaughterhouse operator operated by the Defendant on February 2, 2011, and not by deceiving G.

On the part of the fraud against the victim M, the defendant agreed to cancel the right to collateral security at the time of the moving-in of a new lessee in the case that the right to collateral security of the Scar Savings Bank is lower than the existing lessee in the case that the right to collateral security of the Kcar Savings Bank is lower than the existing lessee, and there is a fact that M was an agreement with M to cancel the right to collateral security of the Scar Savings Bank at the time of the lease, not by deceiving M, but by deceiving M.

(2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. In light of the evidence duly admitted and examined by the lower court, comprehensively taking account of the following objective circumstances, such as the relationship between the Defendant and the victim G, the Defendant’s speech and behavior at the time of receiving KRW 32.5 million, the circumstances before and after the receipt of the instant case, and the Defendant’s financial status, etc., the lower court may sufficiently recognize this part of the facts charged by deceiving G to the effect that if the Defendant borrowed the slaughterhouse operating fund to G around February 28, 201, he would pay KRW 3 million if he/she borrowed the slaughterhouse operating fund, he/she would receive KRW 32.5 million from G to receive KRW 32.5 million on February 28, 2011.

Therefore, this part of the defendant's assertion of mistake is without merit.

(1) On October 28, 2010, the injured Party G offers not less than 50,000 tons of tin in total available for sale between E and K, a tin mine business entity operated by the Defendant, for five (5) months from the date of conclusion of the contract, and the injured Party’s total amount of 50,000 won.