The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one and half years.

except that, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. 300 million won, which the Defendant received from the victim, is not a borrowed money, but an investment money that the victim participated in the Chinese trade project promoted by the Defendant. Even if the Defendant borrowed the above KRW 300 million from the victim, the Defendant had the intent and ability to repay the amount to the Defendant at the time, so there was no intention to commit fraud.

Therefore, the judgment of the court below which pronounced guilty of the defendant is erroneous by misunderstanding facts or by misunderstanding legal principles, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, the lower court: (a) prepared and delivered a “cash” to the victim on April 4, 2007 with regard to the legal nature of KRW 100 million, which the Defendant received from the victim; (b) did not prepare any contract between the Defendant and the victim with regard to the receipt of KRW 200,000,000,000 as stated in paragraph (1) of the crime of the lower judgment; and (c) on November 12, 2010, the Defendant borrowed KRW 300,000 from the victim; (b) paid the victim KRW 18,000,000 as the principal and interest of KRW 30,000,000 to the victim; and (c) prepared and delivered a “written receipt of cash custody” to the effect that the Defendant is liable for arrears for the payment of KRW 100,000,000 to the victim on December 7, 2010.