The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although a mistake of fact that the Defendant received a total of KRW 200,790,000 from B, the court below found the Defendant guilty of the facts charged on the premise that the said money was a loan, even though it was only an investment for operation and was not a loan, it erred by misapprehending the fact that the said money was a loan, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. On August 2016, the summary of the facts charged stated that “The Defendant would receive money equivalent to KRW 470,000,000 from the public restaurant located in Orcheon-gu, Ocheon-si to receive money from the victim B, while he would have to receive money equivalent to KRW 470,00,000 from her pro-Japanese on October 2017.” However, the Defendant did not have a claim amounting to KRW 477,000,000 for pro-friendly type at the time, and the Defendant did not have a claim amounting to KRW 10,000,000 for personal debt amounting to KRW 10,000 for 10,000,000 for 10,000,000 won for 10,000,000 won for 10,000,000 won for 70,000,000,000 won for 10,000,000.