The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. (1) In regard to the fraud of Defendant’s development cost, it is consistent with the fact that the Defendant received the money from the development cost of a small-sized server for solar power generation (hereinafter “instant server”). However, at the time, the Defendant had the intent and ability to develop the instant server, and the development was suspended due to the circumstances of the victim.

Of the fact of fraud of development costs, with respect to the portion stated in paragraphs 2 through 6 of the attached crime sight table and the fraud of borrowed money, the defendant received each of the money stated in this part of the facts charged, but the defendant was separately entrusted by the victim's company with the operation, maintenance, and repair services of solar power generation large capacity servers from before the development of the server of this case, and was performed by the victim's company, and received the above money from the service cost, not as the development cost, but as the development cost.

At the time, the Defendant had the intent and ability to develop the instant server or to repay the borrowed money.

Therefore, although the defendant could not be deemed to have acquired money from the victim by deceiving the victim, the court below found him guilty of this part. This part of the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

(2) As to the acquittal portion of the judgment of the court below by the prosecutor, the evidence duly adopted and examined by the court below, such as the victim F's investigation agency and the court below's statement and the provision status of forwarding equipment, can be fully convicted of this part of the facts charged. Thus, the judgment of the court below in this part is erroneous in the misapprehension

B. Even if the conviction of an unreasonable sentencing (defendant) is recognized, the imprisonment (eight months) imposed by the court below against the defendant is too unreasonable.

2. mistake of facts;