The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Summary of Grounds for Appeal

Defendant

The defendant does not have any fact about a mistake of facts on March 25, 2016.

The court below's sentence of unfair sentencing (eight months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

The summary of the facts charged regarding the assertion of mistake of facts is a person who has operated C Co., Ltd., and B has operated D Co., Ltd.

C Co., Ltd. purchased approximately KRW 8.3 billion from the Korea Land and Housing Corporation to promote the business of establishing a F hotel called "sale-type hotel" on the ground, and the Defendant and B concluded a joint agreement with G Co., Ltd. and H who shared the contract deposit for the sale and purchase of the above land with H Co., Ltd. and the joint business operators agreed to divide the shares of C Co., Ltd.

On the other hand, C Co., Ltd concluded a trust contract with an I Co., Ltd. to trust the subscription money, etc. for sale in advance with the above trust company.

The Defendant and B attempted to sell in advance the remaining land price of KRW 8,30,000,00 which was paid as down payment and the project funds such as hotel construction costs, but did not intend to invite subscription money of KRW 5,90,000,00,000, but failed to normally carry out the above hotel development project due to lack of equity capital, but did not receive the loan due to lack of equity capital, and there was no obvious way to raise the project funds.

On March 25, 2016, the Defendant and B met the victims at the C Co., Ltd. office and the D Co., Ltd office located in Seongbuk-gu, Sungnam-si.

At this time, B is the victim who is currently in progress of the F Hotel Development Project of Young-gu, Young-gu, and if the development profit exceeds 15 billion won and 200 million won is invested, the principal shall be within three months from the contract date, and the investment dividend shall be KRW 200 million.