The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that there was money transaction other than the money transaction at issue in the instant case between the Defendant and the victim of mistake of facts, and the Defendant paid it to the victim in addition to the borrowed money in this case, other borrowed money than the borrowed money in this case, the Defendant merely failed to pay the borrowed money to the victim on the wind that the Defendant failed to implement as planned due to unexpected other circumstances, and the Defendant did not have the intent to commit fraud. However, there was an error of misconception of facts that the lower court found the Defendant guilty of the facts charged in this case. 2) The sentence (two years of suspended execution for one year of imprisonment, community service, 160 hours) sentenced by the lower court of unfair sentencing is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court below, the defendant's change to the purport that the defendant received each of the loans of this case from the victim without intent or ability and received money from the victim in addition to each of the loans of this case and received money from the victim in full shall not interfere with the recognition of the facts charged of this case. Thus, the defendant's above assertion is without merit.

① Although the Defendant had already changed the use of the above land from a tree farm to a clearing project on July 2009 due to the shortage of funds and the problem of securing access roads while promoting a tree farm business from around August 2006, the Defendant borrowed money from the victim as the name of the tree farm business, as stated in the facts constituting the crime of the lower judgment, around August 2009.

(2) When the defendant entrusts N with a project to develop and sell a parcel of land located in Pyeongtaek-gun on September 2009, the defendant shall obtain permission for the part that he/she owns at the time that he/she is delegated such project