The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. The Defendant of mistake of facts does not have any fact that he received 30,50 million won from the victim on December 201, 201 of the amount obtained by defraudation as stated in the facts charged of this case.

In addition, as stated in the facts charged in the instant case, the Defendant did not deceiving the victim on the ground of the Indonesia assembly project, and all the money that the Defendant received from the victim is merely merely a mere loan, and there is no intention to commit fraud.

Nevertheless, the judgment of the court below that found the Defendant guilty is erroneous and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. From December 2010 to December 12, 2010, whether the Defendant’s statement was issued KRW 30,500,000 as a check, the victim’s statement is inconsistent and inconsistent with the clear amount, time, method of payment, etc. of the money, including whether the money was in Korean won. Thus, the victim’s statement is not reliable. However, at the loan certificate dated November 18, 201, the Defendant stated that the borrowed amount was KRW 100,000,000,000 from September 1, 201 to November 12, 2010 (the victim’s statement from 30,000,000,000 won to KRW 68,30,000,000 to KRW 30,000,000,000 to KRW 30,000,000,000 to KRW 30,000,000,000).