As stated in the facts charged in this case, the principal who borrowed KRW 1 billion from the victim is not the defendant but the H (hereinafter “H”).

The Defendant merely lent the Defendant’s operating fund of H to the victim, and did not lend the money to the victim’s voting right at the expense of securing the shareholder’s voting right of E Co., Ltd. (hereinafter “E”).

Even if it is recognized that the defendant borrowed money from the victim's use and 1 billion won, the victim clearly borrowed money for the use of H's operating funds, so it cannot be recognized that the deception against the victim was committed.

Nevertheless, the judgment of the court below that recognized the defendant's deception against the victim is erroneous in misconception of facts and misapprehension of legal principles.

The sentence of imprisonment (two years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Judgment

In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion that the principal who borrowed KRW 1 billion from the victim of the determination of mistake of facts and misapprehension of legal principles is H, it is sufficient to recognize that the actual principal who borrowed KRW 1 billion from the victim is the Defendant, not H. Therefore, this part of the Defendant’s assertion is without merit.

(2) As examined below, the Defendant is recognized to have borrowed the above money from the victim on October 25, 2013, stating that the victim requires KRW 1 billion at E’s shares or voting share cost. In addition, the Defendant also agreed on October 25, 2013, which the victim decided to acquire E’s shares and management right from the victim (hereinafter “instant acquisition agreement”).

In addition, it is recognized that it is the subject of the agreement on the modification of the above acquisition agreement that was made around November 12, 2013.

If so, as long as expenses necessary for the process of the above transfer contract are borrowed, the actual lender is the lender.