The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal by the defendant and his defense counsel

A. In full view of the fact that the Defendant, even if the Hriart sale business was lost by the victim, there is no specific fact that the Defendant would return KRW 200 million to the victim, but the Defendant clearly expresses that some of the money received from the victim would be used for another business in which the Defendant was running, and that the Defendant had the intent or ability to pay KRW 200 million at the time of receiving KRW 200 million from the victim, the Defendant cannot be deemed to have fraudulently acquired KRW 200 million under the pretext of the Defendant’s deception by deceiving the victim, as well as the expenses related to the Hriart sale agency deposit.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. In light of the fact that the victim expressed his intention not to want the punishment of the defendant in the judgment of unfair sentencing, most of the defendant spent 200 million won from the victim with respect to Hriart business, and the latter part of Article 37 of the Criminal Act, etc., the sentence of the court below that sentenced one year to imprisonment is too unreasonable.

2. Determination

A. The Defendant also asserted the aforementioned argument in the lower court, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of the facts charged in this case on the grounds as stated in its reasoning.

In light of the evidence duly admitted and examined by the court below, the above judgment of the court below is justified and there is no error as alleged in the grounds of appeal.

B. The defendant paid KRW 50 million to the victim at the investigation stage, and expressed his/her intent that the victim does not want the punishment by paying KRW 20 million to the victim under the pretext of agreement in the trial of the party. The part of the amount that the defendant received from the victim is significant.