The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. After the Defendant established the victim, G and real estate business partnership and established D, the Defendant only consumed the funds provided by the victim for business costs according to the agreement on the same business, but did not defraud the victim’s property by deceiving the victim, but did not have the intent of defraudation.

(b)the sentence sentenced by the first instance court to the defendant (eight months of imprisonment) is too unreasonable;

2. Determination

A. The following facts revealed in evidence duly adopted and examined by the first instance court as to the assertion of fact. The defendant, the victim, and G are running the business related to the ground located in Gyeonggi-do, and the victim, G and the defendant set up D by dividing the profits from the business, and the defendant established D. The defendant thereafter raised the ratio of the victim's funds to F, L to pay for some of the E apartment redevelopment projects, and the cost of receiving contracts for joint projects entered into with M to N in order to mediate some of the subcontracting of the E apartment redevelopment projects, is necessary, and it is necessary to receive expenses for receiving contracts for the instant restaurant project from the damaged person to January 8, 2015, and the defendant did not use the above funds from the victim to 33,490,000 won in total, and the defendant could not use the funds from the owner of the apartment redevelopment project to 33,490,000,000 won in total, but the defendant could not use the funds from the owner of the above project, as stated in its reasoning.