The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not mean D to give the scrap metal coming from the building demolition work, and D merely lent money under the Defendant’s expectation that it would continue to do so in the nature of the Defendant’s business and that if the Defendant lent money, the Defendant would be able to purchase such scrap metal. 2) Even if it is acknowledged that the Defendant did not deceiving D, while the Defendant would make a scrap metal to D, the Defendant was in a close relation to the representative director of I, the company I, the company I, the company I, the company I, at the time of the instant construction, was making efforts to leave the removal work on the said construction site through J, and thus, it cannot be deemed that the Defendant did not have any intent and ability to give the scrap metal to D.

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

2. Judgment on the assertion of mistake of facts

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, ① the victim D consistently changed from the police investigation to the court of the lower court to consistently, and the Defendant’s 50 million won from the end to the end of the trial. Before the advance payment, the Defendant shown the new building site at the time, and the part on the ground of the building in the commercial building at the time was removed, and was in front of the removal of the 5th underground floor, and the Defendant paid 50 million won in advance to the Defendant, but later, the Defendant stated that he did not have the right to file a scrap, ② the Defendant borrowed 50 million won from the victim, but the Defendant did not pay taxes at the time, and was unable to pay five of its employees.