The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. In light of all the circumstances, including the fact that the Defendant (unfair) is against the Defendant and that the Defendant agreed with the victim, the sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. In full view of the fact that the Defendant, on the second trial date of the lower court, led to the confession that the Defendant received KRW 350 million from the victim, and the victim’s statement corresponding thereto exists, the lower court acquitted the Defendant of KRW 150 million out of this part, despite the fact that the Defendant was found to have acquired 350 million won from the victim, the lower court acquitted the Defendant of the 150 million out of this part. The lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Determination

A. On January 209, the defendant of this part of the facts charged began with operation of the above corporation D and imported 66 cold condition from the U.S. E company, but failed to commence the sale of cold conditioners due to the sales network and the lack of human and physical organization necessary for A/S, etc., and accordingly, he/she was faced with financial difficulties. Accordingly, the defendant was willing to use funds from the surrounding people for business purposes. On April 27, 2010, the defendant again at D office to pay the victim F money more than KRW 150,000,000,000,000,000,000 won was delivered to the victim F as the original promise. The defendant received the money from the victim on April 27, 2010 and received the money from the victim on April 20, 2005 and 70,000,000 won.