The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts only used money as a business fund which is the purpose of borrowing money from the victim, and did not acquire money by deceiving the victim.

B. Although the Defendant did not explicitly state the allegation of unfair sentencing, the Defendant’s assertion of unfair sentencing as to the Defendant’s assertion of unfair sentencing by taking into account the family members and health issues stated in the statement of grounds for appeal submitted by the Defendant.

The punishment of the court below (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: (i) the victim consistently stated that the victim would provide a ship owned by the defendant at least KRW 100 million as collateral and to lend money to the defendant's speech that he would receive landscaped construction works within three months; (ii) the defendant did not have any particular property or income; and (iii) the FF corporation voluntarily recognized that the accumulated debt amount exceeded KRW 40 million; (iv) the rehabilitation procedure commenced around October 15, 2010 and the rehabilitation procedure commenced on April 27, 2012; (v) the rehabilitation procedure commenced on August 17, 2012; (v) the defendant could not enter into the construction contract at will; and (v) the defendant could not have concluded the construction contract at will; and (v) the defendant could not have concluded the construction contract between the defendant and FF corporation and the Corporation; and (v) the defendant could not have concluded the construction contract at the same time as the contract was executed.