The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

After misunderstanding of facts C by deceiving the victim D, it is only paid 60 million won among them to the defendant as repayment, and there is no fact that the defendant defrauds the victim by deceiving the victim.

The punishment sentenced by the court below of unfair sentencing (six months of imprisonment) is too unreasonable.

Judgment

The following facts can be acknowledged according to the evidence duly adopted and investigated by the court below on the assertion of mistake of facts.

From March 2011, the Defendant and C together carried out and sold real estate, and the Defendant shared the business of lending from the financial sphere with the land as collateral, and C shared the business of granting authorization and permission of the construction of the land building and the construction thereof.

Around July 2011, the Defendant and C expressed the intent that the victim would want to establish a whole house in E 1,860 if he/she was the Defendant and C (hereinafter “instant land”). Around July 201, the Defendant and C suggested that the victim would be responsible for the financial right loans, building works, and the sale of a house necessary for the said project, and that the issue of the ownership of a house will be responsible for them.

According to the proposal of the Defendant and C, the victim borrowed the funds of KRW 200 million from the bond company, and thereafter, borrowed approximately KRW 2 billion from the bank account as security of the instant land, and decided to proceed with the electric source housing business in this case.

On September 30, 201, the victim received a loan of KRW 200 million from a bond company introduced by C, and transferred the loan of KRW 120 million among them to C for working expenses such as financial right loan working expenses and construction permission, etc. for electric source houses on the land of this case. On the same day, C transferred to the defendant KRW 60 million among them.

On December 6, 2011, C prepared a construction authorization document, a business plan, a paper analysis sheet, etc. concerning the land in this case and opened the defendant.