The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Summary of Grounds for Appeal

A. The Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles (2018 Highest 2523 part) the victim D was provided as security with the knowledge of the fact that three machines, such as the voltage presses, were leased machines, and invested in a report on business profitability with knowledge of the financial situation of the Defendant. As such, the Defendant did not deceiving the victim D.

B. The Defendant asserts that the lower court’s sentence (one year and four months of imprisonment, and the cost of lawsuit) on the grounds of unfair sentencing by both parties is too unreasonable, and the prosecutor is too uneasible and unfair.

2. The Defendant argued to the same effect as the lower court rendered a judgment on the mistake of facts and misapprehension of legal doctrine by the Defendant.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the facts charged in the instant case, taking full account of the circumstances as indicated in its reasoning that can be seen through the evidence duly admitted and examined.

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.

3. In full view of the arguments in this case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character, environment, and social relationship, etc., the lower court’s punishment seems to be unreasonable, on the grounds that the Defendant’s assertion of unfair sentencing is reasonable, and the prosecutor’s assertion of unfair sentencing is without merit.

4. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again

As long as the judgment of the court below is accepted by the defendant's appeal and reversed, the prosecutor is separately ordered.