The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

A. Although it was true that a misunderstanding of facts Defendant was invested KRW 100 million from victim I to import products in the Philippines, there was no deception on imported products because he did not specify the items to be imported, and the project did not proceed according to the plan due to such reasons as low prices of scrap metal and low prices of the Philippines, flood, etc.

B. The sentence of one-year imprisonment imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. It is sufficient that the deception as an action of fraud of the applicable legal doctrine is based on the facts that are the basis of judgment for allowing the actor to conduct a disposal of property that he/she wishes by omitting the other party into mistake without necessarily requiring false indication on the essential part of the juristic act.

In addition, if the possibility of the occurrence of the crime is uncertain, and the criminal fraud can be established with the intention of the criminal fraud which permits it, and if the criminal denies the criminal intent of the criminal by fraud, it is inevitable to determine the existence of the criminal by fraud by taking into account the objective circumstances such as the financial history, environment, contents of the crime, and the process of the transaction before and after the crime.

B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant was found to have received 100 million won by deceiving the victim as stated in the judgment of the court below in collusion with co-defendant A, etc.

1 The decision made by the victim I to deliver KRW 100 million to the defendant via A can be returned with the principal within one month from the defendant and A, together with the principal of KRW 12 million, and the principal can be returned as it is because the principal is used as Esck funds, even if the income does not have a sex.