The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal by the defendant;

A. In light of the fact-finding, the lower court recognized that the Defendant, even though the Defendant did not have the intention or ability to store the victim in a commercial building, by deceiving the victim as a broker fee for 2,00,000 won and 26,00,000 won as a broker fee, the lower court did not have any criminal intent by deceptioning the Defendant, in view of the fact that the Defendant had the capacity to store the victim in the commercial building through the beer, that the money that the Defendant received from the victim in relation to the arrangement of the store position was not a security deposit or intermediary fee, and that the money is not a money of the nature to be returned to the victim, and that the Defendant made efforts to actually join the commercial building.

B. In light of the fact that the Defendant suffers from diseases, such as in-depth pre-determination of unfair sentencing, and the fact that he must support his family, the six-month imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. The lower court also argued that the Defendant had the same purport as the allegation of mistake of facts, and rejected the said assertion by clarifying the judgment in detail. The lower court, which is the following facts acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, i.e., ① even though the Defendant received KRW 28,00,000 from the victim in relation to the mediation of the upper subscription until November 16, 2011, the Defendant did not express the victim’s upper subscription point until March 10, 2015, which is the date of the closing of argument in the instant case, until three years until March 10, 2015; ② The amount voluntarily received by the Defendant on October 13, 201 at the time of his/her investigation by the prosecution, was classified into “mediation fee”; and the amount received on October 30 and November 16, 2011 at the time of his/her voluntary statement as “deposit deposit” and the amount received on October 54, 2015.