The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. 1) In fact mistake 1), the Defendant: (a) received KRW 300 million from the injured party in order to promote marina business; (b) the said business was only executed due to external circumstances thereafter; and (c) did not deceiving the injured party at the time.

2) The Defendant, as stated in paragraph 2 of the holding of the lower judgment, only received a loan, etc. that was already repaid by mistake from a person who suffered damage by adding the loan, etc. that was already repaid to the vehicle, and did not intentionally induce the victim.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

A prosecutor who was guilty of the facts charged in the instant case at the trial of the court below, maintained the facts of the fraud of Paragraph 1 as the primary facts charged, and applied the “Embezzlement” in the name of the offense, “Article 355(1) of the Criminal Act” in the applicable law, and applied the amendment of the indictment to add the contents stated in Paragraph 1 of the facts charged as below [Judgment used again] to the facts charged, and the subject of the judgment was changed by this court’s permission.

As examined below, this Court acquitted the Defendant of the above fraud, which is the primary facts charged, and convicted the Defendant of embezzlement, which is the primary facts charged. As such, the part concerning the fraud of Article 1 of the judgment of the court below, which is the primary facts charged only, cannot be maintained. This part of the judgment of the court below which is the primary facts charged, and the remainder of the facts charged, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained

However, despite the above reasons for reversal in the judgment below, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined below.

3. Fact-finding.