The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

1. Summary of grounds for appeal by defense counsel;

A. In fact, the Defendant: (a) obtained the right to operate a restaurant with his own cost and effort; and (b) the Defendant told the victim to bear at least KRW 15 million in order to operate the restaurant; and (c) did not change the amount of KRW 15 million with the cost of constructing the restaurant.

In the process of introducing and mediating the defendant and the victim, I did not hear or speak about construction funds in the course of delivering the victim the horses of the defendant.

The statement is consistent with the defendant's argument.

Nevertheless, the lower court found the Defendant guilty of the facts charged on the grounds of the victim’s unilateral statement and the victim’s statements of G and H that did not know well the conditions of the same business as agreed upon by the Defendant and the victim.

B. In light of the fact that the amount of unfair damage in sentencing is not significant, and the victim obtains the right to operate the restaurant by acquiring the right to operate the restaurant at the defendant’s efforts and cost, and that the defendant has no record of criminal punishment for about 25 years, the court below’s sentence that sentenced the community service order for 2 years and 120 hours during the suspended sentence of 10 months is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and there is no error as otherwise alleged in the grounds of appeal.

① The victim consistently stated from the investigative agency to the court of the court below to the effect that “the Defendant, as the cost of constructing a restaurant, requested the amount of KRW 15 million which is the half of the cost of constructing the restaurant, and delivered KRW 15 million as the cost of construction.”