1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

3.Provided, That it shall be for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant did not receive 30 million won from F to the amount stated in paragraph (1) of the criminal facts stated in the judgment of the court below.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A.The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts, ① the victim stated that he invested KRW 30 million in the manner that E delivers part of the amount loaned by the victim to E at the investigative agency and the lower court. D also received KRW 30 million from the Defendant on July 13, 2010, and KRW 60 million on July 13, 2010. The Defendant stated that the amount of KRW 30 million received through E was in accord with the victim’s statement, ② the victim, D, and L were 100,000,000 won under the pretext of agreement with the Defendant and KRW 100,000,000,000,000 won was 60,000,000 won and KRW 300,000,000,000,000,000 won and KRW 1,50,000,00.

B. The instant crime against the assertion of unreasonable sentencing is committed in collusion with D.