The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

except that this judgment.

1. The judgment of this court on the misunderstanding of the gist of the grounds for appeal (the defendant actually promoted the apartment house construction project in Dobong-gu Seoul at the time, but did not comply with the promise with the victim F on the wind that the progress of the project is delayed due to the personal circumstances of L, who is a partner, and did not receive the purchase fund of real estate from the victim by deceiving the victim with the criminal intent of defraudation) and unfair sentencing.2.

A. Various circumstances acknowledged by the evidence duly adopted and examined by the first instance court and the trial court as to the assertion of mistake of facts: (i) the Defendant specified the clear purpose of purchasing the instant real estate in the victim’s name and received KRW 90 million from the victim’s purchase fund; and (ii) the Defendant alleged that H, a seller, was not in progress as soon as the business would raise the purchase price; (iii) the Defendant stated that H did not have any agreement on the purchase price with the Defendant; (iv) the Defendant’s name and statement that he did not have any principal entry into the Defendant’s name (see, e.g., evidence record 5 pages); (iii) the Defendant’s investment plan of investors was in a flexible situation with no business fund; and (iv) the Defendant was consumed in most other locations within one month with the victim’s money received from the victim; and (v) the Defendant did not inform the victim of such circumstances in advance (the victim’s agent, who was the victim’s agent, of the purchase of the money for the purpose of the purchase of the money.