The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

A. The defendant of mistake of facts is merely an investment from the victim'sO, and there was no intention to deceive the victim or to defraud money in collusion with A as stated in the judgment of the court below.

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

2. Determination:

A. In full view of the evidence duly adopted and examined at the lower court’s argument of mistake, the Defendant met the victim’s O at the coffee shop near Incheon Nungdong on July 2012, and the Defendant and the victim operate a business by building and selling it on the land outside the 31st century, and it is necessary to enter into a sales contract for the building site at the 100 million won and additionally KRW 50 million. A applied for a loan of the factory site located in Q from the bank as security and applied for a loan of KRW 520 million to the bank until July 31, 2012, and the Defendant and the victim borrowed KRW 50 million for the above loan of KRW 10,000,000 from the land contract amount to KRW 50,000,000,000,000 to KRW 1.7,000,000,0000,000 to KRW 71,710,000,000.