1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for a period of one year and four months;

3.Provided, That this ruling shall have become final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant asserts to the effect that there was no intention of deception or deception, on the grounds that the Defendant believed that a certificate of guarantee can be issued by the UN Monitoring Mutual Aid Association (hereinafter “the instant association”) and borrowed KRW 190 million from the injured party, etc.

B. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant is recognized as deceiving the victim as stated in the instant facts charged, and thus, the above assertion by the defendant is without merit.

① Around January 1, 2015, the Defendant asked K employees of the instant association as to whether it is possible to issue a letter of guarantee for a contract with approximately 46 billion won, and the above K is possible to issue a letter of guarantee in proportion to the amount invested, but the Defendant responded to the purport that it should make a comprehensive examination in consideration of the financial structure, contractual capacity, etc. of the applicant company (Article 248 of the investigation record). (2) On February 10, 2015, the Defendant and E Co., Ltd., Ltd., (the investigation record No. 65 or 68 of the investigation record), and on the same day, the Defendant asked K as to whether it is possible to issue a letter of guarantee accompanied by the said contract.

③ The above K received the above inquiry and notified the Defendant that it is difficult to issue a letter of guarantee to the Defendant’s side orally after undergoing a prior examination (it is impossible to accurately specify the time when the notice was given), and the Defendant’s side applied for the issuance of a letter of guarantee to the instant union on a regular basis.

④ On February 11, 2015, the Defendant borrowed KRW 190 million from the instant association to an adviser G of the victim to obtain a certificate of guarantee from the instant association, and received the said money on February 13, 2015.