The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The wind that the victim of mistake of facts did not fully pay the deposit of KRW 100 million originally promised and paid KRW 50,000,000, and the defendant did not resume his business because of the cancellation of provisional attachment, etc., nor did the defendant have the criminal intent of defraudation.

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

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts, the defendant has the same assertion as the above reasons for appeal, and the court below rejected the above assertion by making a detailed statement of the judgment under the title "as to the defendant's and his defense counsel's assertion". In comparison with the above judgment of the court below, the judgment of the court below is just, and there is no error of law by misunderstanding

Therefore, the defendant's above assertion is without merit.

B. The judgment of the court below on the assertion of unfair sentencing is not against one's own mistake but rather against the victim's fault. In light of the law of deception and the above attitude, the crime quality is not good, the victim did not reach an agreement, and the defendant had a criminal record of suspended execution due to the same crime. However, although the defendant deposited 50 million won out of the damaged principal at the court below, he deposited 30 million won in the court below, he deposited additional 20 million won in the court below, he deposited it at the same time with the violation of the Labor Standards Act in the judgment of the court below in the latter concurrent relation of Article 37 of the Criminal Act, the defendant has no criminal record, and the defendant has no criminal record, and considering all the conditions of the sentencing of this case, such as the defendant's age, character, health, home environment, relationship with the victim, motive that was caused to the crime, the means and consequence of the law, the records and arguments before and after the crime, etc., the court below shall be punished by imprisonment.