All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. In the judgment of the first instance court which found the Defendant guilty of this part of the facts charged, even though the Defendant did not deception the victim with the knowledge that it is possible to receive an investment from the victim because it is judged that the forest aggregate extraction project may be carried out by O, and that it is impossible to carry out the project, it is erroneous in the judgment of the first instance which found the Defendant guilty of this part of the facts charged

B. The sentence imposed by each court below on the defendant (one year of imprisonment with prison labor for the first instance court and one million won of fine for the second instance court) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of first instance, and the case of this court 2014No417, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the offenses committed by the judgment of the court below in relation to concurrent offenses under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of aggravated concurrent offenses pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined.

B. Around November 30, 2010, the summary of the facts charged of the first instance judgment on the assertion of mistake of facts, the Defendant made a false statement to the effect that “When investing KRW 200 million in the forest aggregate extraction business located in the Gyeong-gun, Chungcheongnam-gu, Daegu-gu, Daegu-gu, Seoul-gu, would use the money for the development cost, and return the investment money within six months after producing stone. The Defendant would transfer the stocks of the Company L to the victim and M as collateral and make a monthly distribution of profits equivalent to 25% of the stocks.”

However, the facts are the defendant.