The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Legal principles 1) misunderstanding the legal principles as to the relation between the defendant and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the "Fraud", hereinafter referred to as "violation of the Act on Specific Economic Crimes") have been committed by misunderstanding the legal principles as to the relation between the defendant and the victim's lending from the damaged party, and the value of each of the machinery of this case has been lost. However, the victim provided real estate equivalent to approximately KRW 1 billion and KRW 3.3 billion as security in addition to each of the machinery of this case, and was able to receive the loan of this case only on the above real estate. Thus, there is no relation between the defendant's deception

2) misunderstanding the legal principles on the calculation of the amount of profit in the crime of violation of the law in special circumstances, even if it is recognized that the relationship between the Defendant’s deception and the dispositive act of the victim is established, only the loans arising from the breaking the value of each of the instant machinery, which the Defendant committed deception, constitute the amount of profit of the Defendant

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination:

A. 1) Determination of the lower court as to the assertion of misapprehension of the legal doctrine

Since the victim was recognized, the victim knew that he was a second and second manufacturing equipment, not a new product with the same value as that stated in the appraisal report, and if only the real estate of this case, the I building, and the second and second manufacturing equipment were provided as security, the victim shall be E.