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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. In order to develop a mine in Indonesia on January 2007, the Defendant established the Indonesia Corporation "H" (hereinafter "H") around January 2007. On June 20, 2008, the Defendant agreed to make an investment of KRW 300 million from the victim first out of the investment funds of KRW 8 billion from the victim by making a request for investment in order to raise funds after entering into the mine owners of Indonesia and the MOU for mine development. The victim did not have the intent to borrow the investment promise and pay KRW 100 million in the form of a loan of KRW 10 million from the initial investment funds. In this process, the Defendant did not have the intent to borrow KRW 85.6 million from the Plaintiff to borrow the amount of KRW 100 million in the form of a droneing cost, office operating cost, etc. In addition, the Defendant did not request the Defendant to return the amount of KRW 100,000,000,000 to the Defendant.

Therefore, the court below which found the defendant guilty has erred by misunderstanding of facts or misunderstanding of legal principles.

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

2. Determination

A. The following circumstances revealed in the lower court’s argument of mistake of facts and misapprehension of legal principles: (i) the Defendant established the instant legal entity of USD 2,00,000 with paid only USD 4,500,000; (ii) on June 20, 2008, the Defendant paid royalties between the mining owner I of Indonesia (hereinafter “mining owner”) and the mining owner, and developed a mine owned by the mining owner.