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. Of the facts charged in the instant case of mistake of facts or misapprehension of legal principles, the part that the Defendant acquired 26,450,000 won from the victim with respect to the protein vehicle shall be the damage amounting to KRW 1,268,00,000, not fraud.

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

2. Prior to the judgment on the grounds of ex officio appeal, the prosecutor tried to examine ex officio before the judgment on the facts charged of the instant case. The prosecutor stated that “the Defendant, around April 25, 2010, at the same place, sold KRW 3,1950,000 to KRW 2,6550,000,000 discounted by telephone.” However, even if the Defendant was planned to use 1,268,000,000 won, which is part of the money received from the victim, for repayment of the Defendant’s bank obligation, he did not have the intent or ability to transfer the ownership of the said vehicle to the victim by acquiring a vehicle manufacturer’s 6.5 billion won at a discount of KRW 2,50,000,000,000 from the victim, and received KRW 265,50,000,000 from the new bank under the victim’s name of KRW 4,50,000,000 from the Defendant’s account.”