The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. As to the fraud against the victim of mistake of fact-finding, it was difficult to conclude the instant stock acquisition contract with the victim requesting the Defendant to acquire the shares of F Co., Ltd. (hereinafter “F”), and the Defendant did not actively have concluded the instant stock acquisition contract, and the bill and check paid by the Defendant in return were not paid out of the Defendant’s financial difficulties. From the beginning, it was a brupted note or a brupted check.

shall not have any intent or ability to pay the acquisition price.

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

2. Determination

A. The following circumstances are revealed through evidence duly adopted and examined by the lower court and the first instance court on the assertion of mistake of facts. ① On January 17, 2011, the Defendant agreed to acquire 300 million won of the shares owned by the victim on January 17, 201 in its own name with the victim, and the transfer price is the amount lower than 60 million won as the victim initially claimed through mutual compromise. ② The transfer price is the amount less than 350 million won, ② the transfer price was 30 million won around January 18, 2011, and the payment method of KRW 100 million was 50 million was 50 million of the transfer price was 50 million of the transfer price was 200 million of the transfer price, and 100 million of the transfer price was 50 billion won of the transfer price was 150 million won of the intermediate payment, and 201 billion won of the transfer price per 200 million won of the transfer price per 300 million of the transfer price (M).