A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

A. 1) The Defendant borrowed KRW 500 million from the victim C to establish a company that supplies promotional goods and office supplies, etc. to the two mountain groups. Since the Defendant failed to provide additional support to the victim and thus was unable to return the borrowed money, the Defendant is not guilty of the crime of defraudation. Even if the criminal intent of defraudation is recognized, the Defendant returned KRW 50 million to the victim on November 2007, immediately after the Defendant received the total amount of KRW 500 million from the victim, and thus, the above KRW 50 million should be excluded from the defrauded amount. 2) The Defendant received all funds from the victim by check or account transfer.

However, there is no evidence about these five million won, and only the victim's statement with no credibility that it was paid in cash is made.

Therefore, the lower court found the Defendant guilty of this part of the facts charged even though it should be pronounced not guilty on the basis of the presumption of innocence, which is the major principle of criminal law.

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

2. Determination

A. Examining the allegation of mistake of facts or misapprehension of legal principles in light of the evidence duly admitted and investigated by the lower court, the victim made a very reliable statement from the investigative agency to the court below. In light of the form of the Defendant’s name that the Defendant shown to the victim or the content of the cash custody certificate prepared by the Defendant, the lower court’s judgment that found the Defendant guilty is justifiable.

On the other hand, the defendant is worth 50 million won in the court room.