The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of the instant facts charged by misunderstanding the facts, although the Defendant did not have conspired with D, and did not have acquired money by deceiving the victim F by deceiving the victim F.

B. The sentence of the lower court (two years of suspended sentence for six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court acknowledged the assertion of mistake of facts based on the evidence duly adopted and examined by the lower court, namely, ① the Defendant was engaged in fund-raising activities while promoting the establishment and opening of the C University at the time of the instant case, and the co-defendant D of the lower court was engaged in the activities of assisting the Defendant and raising funds; ② the Defendant, at the police on July 28, 2014, would provide the Defendant with a loan to the Defendant by preparing a license agreement for restaurant operation in the instant case.

At the time, the victim will lend funds necessary for the establishment of a school to the state of the right to operate the restaurant, and the victim will also lend the right to operate the restaurant.

The defendant also made a statement that "the defendant entered into a restaurant operating right contract in order to raise school funds," and the court below stated that "D made a proposal to request the defendant to operate the restaurant within the university, and that "D rejected the request to introduce and request the person who will operate the restaurant and introduce the victim"; 4. The victim paid a total of KRW 30 million to the bank account in the name of D in accordance with D's instructions, and 5. The victim paid KRW 30 million to the bank account in the name of D's name, and 30 million won received from the injured party in connection with the right to operate the restaurant in the investigation agency and the court below's decision that "D will be used as expenses to handle the university-related work."

The Defendant stated that the Defendant provided a bill instead of the bill, and the C University at the time of the instant case did not obtain approval from the Ministry of Education due to the lack of 4 billion won, including reserves.