The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (not guilty portion), according to the evidence submitted by the public prosecutor, the defendant secured the land necessary for the project to transfer the gas charging station to the victim G (hereinafter “the instant land”) and recommended investment to the effect that he would obtain high-profit profits within a short time while the attracting investment funds and the execution of the loan was completed most in fact. In fact, the defendant conspired with the co-defendant B (hereinafter “B”) even though he knew of the fact that it is difficult to achieve the above project because he did not properly secure the land and the project funds, thereby deceiving the victim by deceiving him to invest 1.1 billion won in the land in Nam-gu Incheon Metropolitan City (hereinafter “the instant land”). Thus, the judgment of the court below is erroneous in the misapprehension of facts.

B. The lower court’s sentencing is too unjustifiable and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged and the Defendant and B refer to “V stock company,” a company operating the gas charging station located in V Incheon Seo-gu, Incheon, to the victim G via H, at a mutually influorial restaurant located in Samsungdong, Gangnam-gu, Seoul, on March 2016.

(Evidence No. 153). Meanwhile, some of the instant records (Evidence No. 80, etc.) use the expression “D Co., Ltd.” (Evidence No. 80, etc.) as well as the expression “V.” The title of “V.” The title of the instant records is referred to as “V.” In the event a gas charging station operated by Seo-gu Incheon, Seo-gu, Incheon, transferred to the land owned by E, which is currently designated as such green belt, the profit of KRW 00 million, such as repayment of investment money, will

E, the owner of the instant land, is the relative of B.