A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

A. There is no fact that the Defendant made a final and conclusive decision that he will invest 30 million won in B.

There is no fact that the defendant deceivings the victim.

The defendant only received money as a statement of debt repayment against B.

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

2. Determination

A. As to the assertion of mistake of facts, the Defendant made the same assertion in the lower court, and the lower court determined that the facts charged were recognized on the basis of the circumstances acknowledged by comprehensively taking account of the evidence duly admitted and investigated.

The following circumstances revealed by the court's evidence duly adopted and investigated by the court: (a) the defendant means that he would pay KRW 150 million to B when he received KRW 100 million; (b) the victim received the defendant's horse through B and confirmed it on the day of the instant case; and (c) the defendant believed to contribute KRW 300 million to the defendant when he would pay KRW 150 million to the defendant; and (d) the defendant at the time stated that he did not pay KRW 300 million because he did not interfere with the guarantee; (c) however, considering the fact that the contract to invest KRW 300 million does not mention the personal guarantee and it is difficult to believe the defendant's lawsuit as it is because the defendant did not mention the personal guarantee even in the contract to invest KRW 300 million, it is recognized that

The judgment of the court below shall not contain any error of mistake as alleged by the defendant.

B. As to the assertion of unfair sentencing, in consideration of all the grounds for sentencing as indicated in the arguments and records of the instant case, such as the payment of money exceeding the amount of damage after the sentence of the lower judgment, and the fact that the victim wants to dismiss the Defendant’s wife by agreement with the victim, the sentence imposed by the lower court is unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the defendant's appeal is justified. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.