The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. The court below convicted the defendant of the charge of mistake of the gist of the grounds for appeal, even though the defendant did not have the intention to commit the crime of deception because he had the intention and ability to pay the deposits at the time of receiving the deposits from the victims, as stated in the facts of the crime in the judgment of the court below, and there is an error of law

The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following additional circumstances acknowledged by the court below and the court of first instance based on the evidence duly adopted and investigated by the victims, namely, (1) the Defendant received each of the deposits from the victims, and (2) the Defendant stated to the effect that “The Food Service Corporation is in progress and is in land within the site. The construction cost is smoothly paid and the Defendant is not aware of the scheduled opening.” (2) However, the Defendant purchased a wedding site of KRW 410 million around February 2006 and appropriated funds for purchase by borrowing KRW 400 million from M, and around November 2007, the victims already borrowed KRW 1.5 billion from the National Bank to raise the construction cost for the food service site. (3) The Defendant was unable to receive KRW 50 million from the victim H, and the Defendant was paying KRW 150,000,000,000 from the victim E in installments, and it was difficult for each victims to receive additional deposits from each credit union or credit union funds within three hundred million won.