The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant: (a) borrowed KRW 30 million from the victim C to use it for the expenses of the D Committee; and (b) the victim promised to make an investment of KRW 50 million between the Defendant and the said Committee without knowledge; (c) but was under an agreement with the said Committee because it was impossible for the said Committee to do so; (d) therefore, there is no fact of deceiving the victim as stated in the judgment of the court below.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) is unreasonable.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below's decision on the assertion of mistake of facts: (i) according to the statement of the agreement on dredging projects prepared by the defendant on April 24, 2013, the defendant received the victim under a negotiated contract from an administrative agency for the implementation of the dredging project agreement, which was executed by the victim on April 24, 2013, and the victim paid 20 million won to the victim; and (ii) if the above construction contract within six months was within the construction contract, the defendant agreed to immediately return the above amount to the victim; (iii) the victim has consistently obtained permission from the investigative agency to the court below to the court below to perform dredging works and extraction of aggregate for the victim, and the purport of this statement is consistent with the statement in the above agreement; (iii) even if the defendant was paid from the victim, the defendant loaned 30 million won out of 3 million won to the defendant's office expenses, and the remaining amount to be paid to the Corporation, etc.