The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Comprehensively taking account of the evidence submitted by the prosecutor in the summary of the grounds for appeal, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though the defendant could recognize the fact that he had by deceiving the victims as stated in the facts charged of this case and acquired by deceit each of 70 million won as a security deposit for lease on a different premise.

2. Determination

A. The gist of the facts charged is that the Defendant is the owner of Bupyeong-gu Incheon Metropolitan Government D.

1) On July 12, 2012, the Defendant entered into a lease agreement with G and 70 million won with the victim with respect to the above 402, Bupyeong-gu Office of Real Estate F Licensed Real Estate Agent, Bupyeong-gu, Incheon, Jung-gu, stating that “The Defendant would pay 50 million won out of the amount of collateral security upon the receipt of any balance of 98 million won to the Agricultural Cooperative, i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e. 40 million won.” However, the Defendant newly built the loan and used the loan to pay 120-14 million won monthly interest using the loan from the financial right to e.g., e., e., e., e., 700,000 won for the remaining interest and unpaid construction cost.”

However, the defendant was found to be guilty at the time.