The judgment below

The guilty part against the defendant shall be reversed.

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

except that this shall not apply.

1. Summary of the facts charged in this case

A. On March 25, 2010, the Defendant told the victim D to the effect that “In-house agricultural products are engaged in the business, and there is insufficient funds to purchase mathy. Mathy loaning KRW 20 million.” On the other hand, the Defendant purchased and sold mathy and would offer 40 million won within 2-3 months.”

However, even if the defendant had no intention to pay 40 million won to the victim even though he/she got a profit by purchasing or selling the money from the victim.

Nevertheless, the Defendant, as seen above, has received 14 million won on the same day from the victim to the account in the name of E, and 4 million won on April 20, 2010 from the victim, respectively, and acquired 20 million won in cash on April 22, 2010 and acquired 20 million won in total.

B. Around March 16, 201, the Defendant entered into a contract with the victim for dry field of 15,000 square meters for dry field with a dry field of 15,000 square meters, and the Defendant replaced the previous loan amount of 20 million won and its profit with a down payment of 10 million won at 5,000 square meters in total. As such, the Defendant would prepare for any balance, and the Defendant would make profits by disposing of the mathy. The Defendant would make profits by selling the mathy. From a pota field located in the Namnam-gun, Namnam-gun around May 16, 201, the Defendant said that “if the Defendant purchases and disposes of the remaining mathy by temporarily purchasing the mathy and disposing of it, it can be used for the increase dry field work cost.”

However, the fact is not more than 10,000 square meters, but not more than 9,911 square meters, and the purchase price per square is less than 13,500 won, and the defendant did not intend to pay the profit normally to the victim even if he purchases and sells the money, capital reduction, etc. received from the victim.

Nevertheless, the Defendant, as above, makes a false statement, and is under F in the name of F in the remaining balance from the victim.