The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. Recognizing the fact that the victim received a total of KRW 360 million from the victim as business funds from the first police officer of February 2, 2011 to the second police officer of September 2012.

However, the defendant was invested in the above money from the victim, and the victim was well aware of all the circumstances related to the defendant's business at the time, and there was no deceiving the victim when the defendant borrowed money from the victim.

On the other hand, the judgment of the court below that found the defendant guilty of deceiving the victim of money by deceiving the victim is unfair and unfair.

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

2. Determination

A. In the lower court’s judgment on the assertion of mistake of facts, the Defendant had the same assertion as the grounds for appeal in this part, and the lower court rejected the above assertion and sentenced the Defendant guilty on the grounds stated in the lower court’s summary of evidence.

According to the records of this case, the victim was in an internal relationship with the defendant, and it seems that such relationship was a big cause for the victim to deliver money to the defendant.

However, in light of the facts found by the evidence duly adopted and investigated by the court below, the court below's above decision that found the defendant guilty of deceiving the defendant's intent and ability to repay money at the time of borrowing money from the victim is acceptable, despite the above circumstances.

Therefore, this part of the defendant's argument is without merit.

B. The total amount of damage to the instant crime is up to KRW 360 million, which is a large amount of money, and considering the mental and economic suffering of the victims, there is a need to punish the Defendant strictly.