The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not deceiving the victim, and the Defendant had the intent and ability to develop the mine of this case at the time of being invested by the victimized person, and thus, did not have the intention of defraudation.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is to develop a mine on six lots of land, such as Kimpo-si D, etc., at the law firm ELS notarial office located in Kimpo-dong 248-1 around January 9, 2008, and the victim C.

This mine can develop the mine immediately after obtaining permission, so if the permission cost is paid, 7% of the pure profits from the development of the mine will be paid to the party.

The phrase “the phrase was false.”

However, the defendant did not complete the transfer of land ownership for the development of the mine, and even if he received money from the injured party due to the lack of experience in mining development, he did not have any intention or ability to develop the mine by using the mining permission cost.

The defendant received KRW 200,000 from the damaged person, namely, the money for permission, and received KRW 50,00,000 from the office operated by the F in Kimpo-si on September of the same year, in terms of permission expenses.

B. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt ought to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant even if there is no such evidence.

The following facts are acknowledged by the evidence duly adopted and examined by the court below and the court below.