A. In the case of the money deposited by the victim of fact to the account holder other than the defendant, the money was only deposited by the defendant to the borrower according to the defendant's instruction, and in the case of the money deposited directly by the defendant, the defendant operated the bond business normally.

It is difficult to see that the defendant deceivings the victim to acquire the above money.

B. The punishment of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service for 80 hours) is too uneasible and unfair.

2. As to the assertion of mistake of facts

A. On February 27, 2013, the Defendant, at the E office located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City on February 27, 2013, distributed a half of the profits accrued from the Defendant’s offering of the interest accrued from the lending of money to the victim F.

“A false statement” was made.

However, even if the defendant received money from the injured party as above, he had the intent to use it as other debt repayment or gambling funds, and he did not have any intention or ability to repay the money to the injured party.

The Defendant received KRW 30 million from the damaged party’s account in the name of the Defendant, and received KRW 167,910,000,000 from July 9, 2013, in total, from 47 times as indicated in the daily list of crimes in attached Table 1 to 46,51.

Accordingly, the defendant was given property by deceiving the victim.

B. As to the judgment of the court below, the court below acquitted the victim of the entire amount remitted to the defendant or a third party as fraud, and ordered the defendant to use the entire amount with other debt repayment or gambling funds, etc., and deceiving the victim to use the money for bond business even though the victim did not have any intent or ability to repay the money.

However, the court below held that.