The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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. Although there was a fact that the Defendant and F have received KRW 50 million from the private village F of the victim of mistake of facts, the Defendant and F have invested in the futures option to divide profits into half, and the Defendant invested in the futures option, but only loss was incurred.

The lower court found the Defendant guilty of the facts charged in the instant case.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the following circumstances are recognized.

In other words, the victim stated in the investigative agency that "the defendant would get the victim's children employed in the subway Corporation, and the victim paid the defendant KRW 50 million directly to the police officer in the middle of March 201, and the victim directly paid KRW 20 million to the first police officer in April 201," and consistently made statements that correspond to the victim's statement from the investigative agency to the court below.

(2) The release records of a statement of transactions of financial product accounts of victims and the recording records between the defendant and the F also conform to the statements of the victim and the F.

③ On December 4, 2012, the Defendant: (a) prepared and delivered a written repayment plan stating that “The Defendant shall pay KRW 70 million,00,000,000,000 to the victim in installments from January 15, 2013 to 5 million each month on condition of withdrawal of the complaint; (b) as the Defendant’s assertion, only received KRW 50,000 through F, and the said KRW 50,000,000,000,000 won was F’s futures option investment, there is no reason to prepare a written repayment plan that the Defendant would return to the victim KRW 70,00,000.

In full view of the above circumstances, the defendant deceivings the victim to find employment with the victim's children to the subway corporation as stated in the facts charged of this case.