The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. In the process of a mistake of facts in the original trial, the Defendant stated that all facts charged are recognized due to the circumstances such as that the Defendant’s health is not good. However, the Defendant did not deceiving the victim in relation to G reclamation projects, such as the instant facts charged

The Defendant was in need of funds related to the Gyeongdong Apartment Construction. However, the Defendant asked Q to obtain investment of KRW 30 billion from Q who had been engaged in the G reclamation business to identify the person who will invest KRW 30 billion in the amount of KRW 30 billion in the fees required by Q and the incidental expenses. Since Q received an investment of KRW 500 million from the victim, the Defendant paid the fees to Q with the amount received from the victim. However, the Defendant did not make an investment of KRW 30 billion as agreed by Q, and thus was unable to repay the money borrowed from the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. In light of the following circumstances acknowledged by the original judgment and the evidence duly admitted and investigated by the court below on the Defendant’s assertion of mistake of facts, the original judgment which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is just, and there is no error of mistake

Therefore, the defendant's assertion of mistake is not accepted.

① At the time of the investigation conducted by the prosecution, the Defendant is running G Reclamation Business and Atop Development Business, which is a national business, with the total construction cost of KRW 70,00,000,000, foreign currency funds already come into Korea, and the primary construction cost of KRW 300,000,000 is required and the construction work is entrusted.