The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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 alleged a misunderstanding of facts has committed an unlawful act that affected the conclusion of the judgment by misunderstanding the facts of this case, even though he did not return the investment money to the victim on the wind that has been interrupted due to external circumstances, but did not have the intent to acquire money from the victim.

B. The lower court’s imprisonment (six months of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant first stated that "if the defendant was to receive KRW 24,619,300 from the victim as stated in paragraph (1) of the crime in the judgment of the court below, he would pay KRW 24,619,300,00 to the victim after three months," but the above business was not well implemented, "G is planned to attract Daegu D building and would pay the above money through this plan." However, the defendant again stated that "I would pay the above money through this plan." However, the defendant had continued legal dispute over the six or nine stories of G film theaters's 6 or nine stories sold from H at the time, and the above film museum's acquisition price of KRW 1.5 billion,50,000,000 among the above film museum's acquisition price of KRW 2,50,000,000,000,000 for the remaining 1 billion,000,000 won,00 won for the transfer or 1.