Defendant

A shall be punished by imprisonment with prison labor of two years and six months, and the decision No. 5.

A. Defendants 1) The victim M made an investment in I Co., Ltd. operated by theO, and the Defendant did not receive KRW 300 million directly from the victim M.

B) The victim N made an investment in Company I, and the Defendant did not borrow money from the N.C.) The Defendant transferred the victim R’s share of the fishery right for the repayment of the loan, but did not pay the loan in this case because AG who acquired the fishery right share of the victim R did not pay the victim R the purchase price. Since the Defendant paid the victim R KRW 7689,00,00,000,000 to the victim R, the Defendant did not have the intent to acquire the money at the time of borrowing KRW 80,000,000 from the victim R, the fraudulent part of the victim U and W was temporarily delayed due to economic difficulties at the time of borrowing, and the Defendant did not intend to deceive the victims. E) The Defendant did not intend to receive the money from B under the investment agreement with B, and did not intend to receive it without delay. The Defendant did not intend to acquire the money by deceiving the victims.

2) The Defendants’ imprisonment with prison labor for two years, five years, and one year, and ten months, respectively, for the Defendants’ imprisonment with prison labor for the crimes of Articles 1 through 4 as stated in the judgment below, and the crimes of Articles 5 and 6 as stated in the judgment below, are too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination on the grounds for appeal against Defendant A and the Prosecutor A

A. The following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the first instance court on the part of the victim M in determining the mistake of facts by Defendant A, i.e., delivery of money to the victim.