A. misunderstanding of facts, the Defendant received KRW 160 million from the victim under the pretext of investment in salt farm development or site development by himself/herself in Vietnam, but this was determined and invested by the victim himself/herself, and the Defendant cannot be deemed to have committed a crime of deceiving or defrauding the victim since he/she actually was actually conducting the development project. Therefore, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous in matters of misunderstanding of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, the court below examined the following facts: (a) the defendant was unable to obtain approval of land use necessary for salt farm development projects from the Vietnam authority on July 24, 2007, when he received KRW 100 million from the victim for salt farm development; (b) the defendant was in a state of not obtaining approval of land use or approval of investment related to the development of the Corporation site even at the time of February 14, 2008, when he received KRW 60 million from the victim as the site of the F Industry Corporation; (c) the defendant used money as local investment, company expenses, but the defendant did not present objective data; (d) the defendant did not contribute money to the project in Vietnam; (e) the defendant was required to develop the FF site, but the defendant was not required to raise funds other than KRW 400 million from investors including the victim; and (vi) the defendant did not obtain any other specific and possible plan to develop the site from the Corporation.