The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. It is true that a mistake defendant received KRW 15 million from the victim, but it is not a condition to transfer the patent right of C, such as the victim's assertion, but is planned to pay a patent by newly developing KD. When the patent application is filed, it was received from the victim by stating that he would lend the development cost to the victim's name at the time of the patent application, and the failure to file the KD development and patent application is attributable to the fact that the business was completely interrupted due to the change of G, which operated the business, while the business was normally in progress. Therefore, the defendant did not deceiving the victim at the time of receiving KRW 15 million from the victim's development cost, and there was no intention to defraud the defendant.

Nevertheless, since the court below convicted the facts charged of this case, it erred in the misapprehension of legal principles.

B. Even if the court below found the defendant guilty of an unreasonable sentencing, the punishment imposed by the court below is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the first instance court, the following facts may be acknowledged. ① The Defendant and G have come to know in the entertainment tavern where the Defendant had worked in G. G. The Defendant and G was offered from the Defendant who became the contact date that the Defendant would have become a director of the corporation in order to establish a real estate sales business, and thereby became connected with the Defendant and the business relationship. Since then, G was to carry out a housing sales agency business in accordance with the Defendant’s proposal, in order to operate a housing sales agency business in accordance with the Defendant’s proposal, G invested capital of KRW 10 million in February 2, 2018, and L (hereinafter “instant company”).

A. A corporation is incorporated and become a representative of the instant company, and the Defendant invested in the instant company.