A defendant shall be punished by imprisonment for not less than one year and six months.

However, the period of three years from the date this judgment became final and conclusive.

A. The Defendant, as stated in the facts charged of this case, did not deceiving the victim.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant deceivings the victim as stated in the instant facts charged and acquired 300 million won as a down payment.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of mistake of facts as pointed out by the defendant

1) The victim consistently made statements that correspond to the facts charged in the instant case from an investigative agency to the court of original trial.

In particular, in the court of the court below, the victim stated in the court below that "the defendant intends to purchase F from D (the previous defendant was in operation)" and "the lease deposit of KRW 300 million was recognized to have been KRW 1.2 billion with the test cost and equipment cost, it is possible to lend any balance from a new bank located in Masan if the down payment is required to have the down payment of KRW 1.0 billion, and 40% of shares at the time of F purchase will be paid if an investment of KRW 1.0 billion is made." The victim stated that "The number of contracts with D may be concluded, the bid deposit necessary for the number of contracts is required to have the down payment of KRW 300 million with the down payment, and the deposit of KRW 300 million was made to the defendant with KRW 300 million with the advance payment of KRW 1.3 billion with the advance payment of KRW 1.1.4 billion with the testimony of the witness I (Evidence No. 11 of the record of the court below).