The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant received KRW 120 million from the victim as the purchase price of KRW 100 million out of KRW 100,000 of the F Forest in this case, and the Defendant did not deceiving the Defendant and received the said KRW 120,000 as the loan money as stated in the facts charged, but did not have any intention to acquire the Defendant by deceptioning the said KRW 120,000,000. Thus, the lower court erred by misapprehending the facts charged and by misapprehending the legal principles on fraud.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In the lower court’s assertion of mistake of facts and misapprehension of legal principles, the Defendant alleged the same purport as otherwise alleged in the above mistake of facts and misapprehension of legal principles, and the lower court, on the grounds stated in its reasoning, acknowledged that the Defendant received KRW 120 million from the victim as the borrowed money, and rejected the Defendant’s assertion and convicted the Defendant of the instant charges, by recognizing that the Defendant did not have any intent or ability to repay the borrowed money.

Examining the above judgment of the court below in comparison with the evidence duly admitted, the judgment of the court below is just and acceptable, and there is no violation of law of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

Therefore, the defendant's above mistake of facts and misapprehension of legal principles are without merit.

B. The fact that the defraudation of the judgment on the assertion of unfair sentencing is a considerable amount of KRW 120 million, and the fact that the defendant consistently denies the criminal act against the loan certificate, etc. prepared by himself and denies the criminal act is disadvantageous to the defendant.

However, in the past of the trial, it has been smoothly agreed with the victim, and it is necessary to recover the actual damage of the victim according to the mediation decision made in the related civil procedure.