The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) was that the Defendant completed a factory to produce bio-carbon fuel to the victim, as stated in the facts charged at the time of the instant case, or secured a farm in Indonesia for the supply and demand of bio-carbon fuel as raw materials for bio-carbon fuel.

There is no fact that a deceptive act was conducted by making a speech, etc., and there is no fact that only 14 million won was received in cash in addition to the remittance from the injured party.

However, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Ex officio determination, the prosecutor applied for permission to amend the Bill of Indictment with the same content as the following (the reasons for the new judgment) in the facts charged against the defendant at the trial of the court below, and the subject of the judgment was changed by this court. Thus, the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of the above facts and misunderstanding of the legal principles is still subject to the judgment of the court.

3. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The judgment of the court below also argued that the defendant is identical to the assertion of misunderstanding of the above facts and legal principles, and in this regard, the court below held that ① the victim concludes an agency contract with the intent to sell bio-fuel fuel manufactured by the defendant and pays money to the defendant, ② the victim signed an agency contract with the defendant's belief that he would produce and supply bio-carbon fuel soon, and ③ the defendant is equipped with facilities or factories for the production of bio-carbon fuel.