The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. On October 11, 2012, there is a fact that the Defendant received KRW 20 million from the victim I as expenses for the scrap metal business. However, as the Defendant used it as the down payment of the site for the scrap metal business, it is not a crime of fraud. 2) On November 23, 2012, as to the fact of fraud (criminal facts in the judgment of the court below) around November 201, 201, the Defendant paid the victim I the full amount of the freezing money through L, the crime of fraud is not established.

B. At the time of each of the instant crimes, the Defendant suffered emotional distress, and thereby, was in a state of loss or weak ability to discern things or make decisions.

C. Unless otherwise, the lower court’s sentencing (ten months of imprisonment) is too unlimited and unfair.

2. Judgment on the assertion of mistake of facts

A. On October 11, 2012, the following circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated evidence as to the fraud, namely, ① the victim I made a consistent statement with the facts charged to the purport that the money was loaned to the Defendant from an investigative agency to the court of the first instance on October 11, 2012; ② the victim’s statement is consistent and is, in particular, consistent with the circumstances and the date of repayment as of March 30, 2013; the Defendant prepared a certificate of loan to the victim I on October 11, 2012, and (3) the Defendant asserted that the victim was invested as a partner from the victim I, but in light of the victim I and the witness’s statement at the first instance trial, the victim would have a high profitability and ability to make a repayment.