The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Fact-finding or misunderstanding of the substance of the grounds for appeal (no criminal intent exists for deception or deception) and unfair sentencing

2. The judgment of this Court

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the judgment of the court below that recognized the Defendant to have acquired money from the victim by deception on the intent or ability of full payment of money, is just and acceptable.

In light of the above, the defendant's assertion disputing the mistake of facts or the misapprehension of legal principles cannot be accepted.

1) In the court below’s decision, F received money from the Defendant for the purpose of acquiring the golf course business as Defendant. Of the above money, the amount of KRW 5 million was used as design drawings or business plans preparation cost, and returned 20 million to the Defendant. The amount was 78,79,88 pages 13 million as witness. The remaining money was used as expenses for lending money from the bond company. Ultimately, the Defendant was used as business without paying money from the bond company. Upon examining the financial transaction details, the sum of KRW 70,700,000,000,000,000 won was used as design drawings or business plans preparation cost, and was returned to the Defendant. 70,000,000 won was 70,000 won.

In addition, the amount that the defendant remitted to M via L is KRW 11.5 million, and the network H, a business partner of the defendant, is M through L.