The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The Defendant and the prosecutor of the lower judgment.

1. Summary of grounds for appeal;

A. As to the first instance court's judgment, since the Defendant received an investment from the victim E, and used the above money under the pretext of the investment, there is no fact of deceiving the victim. 2) Each sentence (the first instance court's imprisonment: 2 years; 4 months; 4 months) imposed on the Defendant is too unreasonable.

B. The prosecutor (with regard to the first instance judgment), the sentence imposed by the lower court on the Defendant is too unfasible.

2. According to the evidence duly adopted and examined by the court below and the court below ex officio (as to the second court judgment), prior to the judgment on the grounds for appeal by the defendant, the defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on April 24, 2014, and the judgment became final and conclusive on April 7, 2015. Since the crime in the second court's judgment is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the above judgment, the punishment shall be determined after examining whether to reduce or exempt punishment by taking into account both cases where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act and equity. Since the application of the second court's law was omitted in the application of the second court's law, the second court's judgment cannot be maintained.

3. The following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts (as to the first instance judgment), and the evidence duly admitted and investigated by the lower court and the lower court, namely, ① the amount paid to the Defendant by the investigative agency, which was KRW 30 million on September 26, 2012, KRW 30 million on October 16, 2012, and KRW 50 million on October 26, 2012, and KRW 50 million on September 26, 2012, it is necessary to grant the Defendant’s land reclamation permission at Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul. As such, the Defendant loaned KRW 25 million on October 6, 2012, respectively, to the Defendant’s land reclamation permission.