The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The defendant of mistake of facts is believed by N to believe that he could have a right to transport earth and sand, and only received money by providing sufficient security to the victim, and he does not receive money from the victim with knowledge that he did not have a right to transport earth and sand.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

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

2. Determination

A. The court below rejected the above assertion in detail, on the grounds that the defendant and the defense counsel at the court below alleged the same purport as the grounds for appeal in this part of this part of the judgment of the court below, where the defendant and the defense counsel at the court below stated in detail the arguments of the defendant and the defense counsel

The court below stated that the defendant was aware of the fact that the defendant was liquidated prior to receiving money from the victim, the defendant did not mention the fact that the defendant was the victim, and that the defendant did not pay any consideration for the subcontract of the right of carriage of soil and sand to N from investigative agency to the court below, and that the defendant did not submit objective financial data about the above fact even though the court below reversed the statement that he paid the amount of 3 to 400 million won to N from the court below, and the victim stated that the real estate provided as security had no value as security, and the prosecutor's appeal was also made.