The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

but for three years from the date this judgment becomes final.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the victim of the mistake of facts only remitted money under the name of investment to the defendant who carries on the bond business with the intention of gaining high-amount profits, and did not actually remit money to the defendant with the intention of purchasing the vehicle.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, namely, ① the Defendant attempted to transfer a vehicle to the victim at an investigative agency but could not be transferred due to an order to stop the operation, etc., and actually used the victim’s money to purchase the vehicle.

(2) In the document of a monetary loan loan contract made on December 2, 2017 between the Defendant and the victim, stating that “the defendant can purchase at a low price of a motor vehicle with reasons such as seizure, and if the ownership is transferred, the defendant will pay money to the victim by July 31, 2017 (Evidence No. 222, 225, 425).” (Evidence No. 381, Dec. 2, 2017) The statement stating that “the defendant will pay money to the victim by July 31, 2017, while the defendant will use it personally and make repayment of KRW 530,000,000 to the victim (Evidence No. 22).” (Evidence No. 381, No. 423, Dec. 22, 2017).

(b).