The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the fact that C’s business using E portrait rights is annually fine.

I think that both C and the victim will be helpful to both the victim, and that it was introduced to make investments in the victim's C business, and that there was a criminal intent of defraudation of the defendant, since it was aware of the excess of C's obligation, not to induce investment by deceiving the

subsection (b) of this section.

Although the court below found the defendant guilty of the facts charged, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the following facts can be acknowledged:

D The operations of D have been conducted

C had carried out the business of selling music records before the crime of this case, and had been faced with financial shortage, and the defendant was also in the situation of financial shortage from C.

C entered into a contract with another company which has the right to use the E portrait rights and the Kim and salt products with which they can use the E portrait rights, and the term of validity has not exceeded one year and the extension of the use period has not been guaranteed.

C was unable to seek funds necessary for the progress of the project using the portraits E, and therefore, C was required to borrow money in return for interest at a high rate.

The defendant introduced the victim's friendship victim as the above D's director, who was operated by C's partner interest C, and recommended the victim to make a fluent relationship with C, and to make a contribution to C's business using his portrait rights (the real lending is the lending).

Defendant

And C, on November 5, 2010, lent KRW 160,000 to the victim, the principal will be paid in one year after payment of KRW 1,60,000 per month as interest on the loan to the victim.

The Defendant promised, and signed and sealed the investment contract with the above content.

The victim was unaware of C before, and was not aware of it.