The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Fact-finding (limited to fraud by January 10, 2008) did not have received KRW 50 million from the victim on the above date.

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

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged and the judgment of the court below 1) The defendant alleged in the facts charged (Article 3 of the facts charged in the judgment below) around January 10, 2008 that the defendant purchased pension insurance policies for the victim and did not have an intention or ability to pay them as insurance premiums. The judgment of the court below is based on the following facts: (a) the defendant had a good pension product at an annual interest rate of 20% per annum that allows only employees to join Daehan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si; (b) the defendant could not easily have any surplus funds, and (c) he/she received high interest from the defendant's bank because he/she did not have any personal use even after receiving money from the victim; and (d) the defendant could not have made a withdrawal of money directly from the victim's bank in cash with the statement of 1 million won to the defendant's account transfer.