The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. Summary of grounds for appeal;

A. When the victim borrowed KRW 200 million to the defendant at the time of the instant case with the victim, the defendant had the victim acquire new shares at Thaie City Co., Ltd. (hereinafter referred to as "Teoeman City"), and the proceeds from sale therefrom agreed to pay the above borrowed amount with the profits brought about by the defendant, and received the borrowed amount in this case, and prepared the loan certificate in order to secure the above new shares, and even though there was no deception of the victim as stated in the facts charged, the court below erred by misapprehending the fact that the crime was established, thereby affecting the conclusion of the judgment.

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

2. Determination

A. We examine the judgment of the court below as to the assertion of mistake of fact, and the defendant argued the same purport, and the court below found the defendant guilty of this part of the charges by compiling the evidence duly adopted and investigated, and rejected the above argument on the grounds of detailed reasons in the part of the "decision on the argument of the defendant and his defense counsel". In comparison with the above judgment of the court below, the judgment of the court below which found the defendant guilty of this part of the charges is just and there is no error of law that affected the conclusion of the judgment

B. The crime of this case as to the assertion of unfair sentencing is the crime of this case by deceiving the victim by actively means and by deceiving the victim from the victim, and the crime is not against the degree of damage, etc. in light of the degree of damage. Nevertheless, the defendant denies the crime of this case from the trial to the trial.