The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant was unable to repay the construction funds from the victims, the court below found the defendant guilty of the facts charged despite the fact that the defendant did not deceiving the victims without the intention or ability to repay, as stated in the judgment of the court below, there is an error of mistake of fact.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Various circumstances acknowledged by the lower court based on the evidence duly adopted and examined as to the assertion of mistake of facts. In particular, the Defendant had invested 8.9 billion won in the reconstruction project of an apartment house around 2007, which was the relocation of the instant case, and was economically difficult because it was unable to receive the money, and the Defendant was obligated to pay 900 million won to the early 2008 police officers without any specific property. ② around the time of the instant case, around 2008, the Defendant borrowed money from the victims in order to receive the proposal for the construction of a new apartment building from I and make investments to I. At the time of the instant case. At the end of 2009, the date of completion of new building construction was difficult for the victims, and the scheduled date of completion of new building construction was the end of 2009, and the above building still did not have been completed until now, and the Defendant could not be fully paid the interest accrued until March 2, 2008.

Therefore, the defendant's assertion of mistake is without merit.

3. The total amount of damage suffered by victims on the assertion of unfair sentencing is added.