The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant had requested the victim to borrow only KRW 30 million, the victim borrowed KRW 200 million, there is no fact that the victim made a mistake, such as allowing the victim to make a profit by investing in the scrap metal business or providing a security.

In addition, at the same time, the defendant was sufficiently capable of paying the F's shares, and the wages that he was paid as the representative director of the above company.

Therefore, inasmuch as the Defendant did not deception the victim, the lower court found all of the charges of this case guilty, it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court regarding the loan of KRW 200 million on July 25, 201 as well as the witness E’s legal statement, the Defendant borrowed KRW 200 million and divided profits by investing in the victim’s scrap metal business, and the F real estate and the apartment house in which the Defendant resides is also offered as security:

Fictitiously, deceiving the victim.

Therefore, this part of the defendant's argument is without merit.

(1) The defendant asked the victim to receive money first.

It is argued that the victim is also asserting that he/she lends money to the defendant to conceal inherited money from the deceased person in the trial.

However, as long as the defendant received 200 million won in full and borrowed it, it was found that there was no deceptive act solely on the grounds of the above lending of money.

It does not mean that the defendant borrowed the object of the loan, the method and time of the change, and whether or not the defendant provided the security at the time of the next use.