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. As to the mistake of facts (1) fraud, the Defendant was actually promoting the Hosan Development Project, and the Defendant was able to fully pay interest to the victim if the project was implemented properly, and the amount received from the victim was repaid by the Defendant’s debt incurred in the process of raising funds related to the Daisan Development Project.

In other words, there was no intention of deceiving the defendant or deceiving the victim with money.

(2) As to embezzlement, the Defendant and J and I did not return the instant goods to the victim on the ground that they did not return the instant goods to the victim, on the following grounds: (a) the Defendant and J and I sold the instant goods, paid the 1.2 billion won price to the victim, and divided profits for the convenience of the sale of the goods; (b) the J was kept in custody for the convenience of the sale of the goods; (c) however, the J did not return the instant goods to the victim on the ground that they did not return the instant goods, with interest, etc. on KRW 150 million paid by the J,

There is no intention of illegal acquisition to the defendant.

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

2. Determination

A. (1) The lower court also asserted that the Defendant was guilty of this part of the facts charged, taking into account the circumstances acknowledged by the evidence duly adopted and investigated.

Examining the above judgment of the court below in comparison with the evidence, the judgment of the court below is just, and it cannot be viewed that there was an error of mistake of facts as alleged by the defendant in the judgment below.

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

(2) The Defendant also asserted the same as in the trial of the lower court, and as to this, the lower court duly admitted and investigated the circumstances in its judgment.