The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. The investment of KRW 1 billion from Q from the original mistake of facts and attempted to pay the balance to the victim with the investment proceeds. Q was unable to pay the balance to the victim with the wind that Q did not comply with the investment commitment, and there was no intention in fraud.

Nevertheless, the lower court erred by misapprehending the fact that the lower court found all of the charges of this case guilty, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court also asserted the same purport as the grounds for appeal under this part of this part, and the lower court rejected the above argument by recognizing the Defendant’s intent, taking into account the circumstances revealed by the evidence legitimately adopted and examined under the title “determination on the Defendant’s and defense counsel’s assertion.” Examining the lower court’s judgment closely and closely compared with the evidence and evidence law, the aforementioned determination is justifiable. 2) In particular, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court did not err by misapprehending the fact that the lower court recognized the Defendant’s intent and convicted the Defendant of this part of the facts charged.

① On January 22, 2014, a licensed real estate agent, who arranged to sell and sell H forest land 43m2, 60m2, 1,226m2 before J, and 797m2 (hereinafter “instant real estate”) before K, was urged from the Defendant to pay KRW 650,000,000 to the certified judicial scrivener office for the documents necessary for the registration of transfer.

At the time, the Defendant received the instant real estate loan from E as collateral and stated that he would immediately pay the balance of the purchase and sale.

(2) On January 22, 2014, a victim shall hear the words that he/she is paid a balance from E, among real estate, and the real estate in this case.