The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. The amount of KRW 20 million received from the victim of mistake of facts is KRW 40 million and the remainder of KRW 20 million is a security deposit for goods, and the victim borrows money.

The defendant did not deceiving the victim that he would change the name of the supply contract to the eight business entities in the name of the victim and did not intend to commit the crime of deception.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

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

2. Determination

A. The court below found the defendant guilty of the facts charged in this case on the ground that it deemed that the defendant led to confession of the facts charged in this case, and decided and notified that the defendant should be tried through a simplified trial procedure, and that the evidence is admissible pursuant to Article 318-3 of the Criminal Procedure Act after the examination of evidence was completed in accordance with the method prescribed in Article 297-2 of the same Act

However, according to the records of the fourth trial of the court below, the defendant stated that all of the facts charged of this case was recognized and stated on the fourth trial day above, and all of the facts charged of this case are deemed to have been led. However, in the defendant newspaper conducted on the same trial day, "it is true that the defendant received KRW 40 million from the complainant E, but there is a little amount of money in the actual process of receiving the money," and without any mentioning that he was paid KRW 40 million as the premium, he borrowed KRW 50 million and used it as the operating fund of D, and thereafter, he paid interest in proportion to the amount of continuous use, and thereafter, after a certain period of time, D's situation was funded.