A. The sentence imposed by the prosecutor by the court below on the defendant (ten months of imprisonment) is too unhued and unfair.

B. As to the fraud against Defendant (1) with regard to the mistake of facts victims E, the victim was well aware of the number of members and sales of the skin center from around September 2013, working as a body correction warden at the Pitice center operated by the Defendant, and invested KRW 97 million after sufficiently reviewing the profitability and development potential of the Pitice center in accordance with the Defendant’s business proposal, and then obtaining a loan in the name of the victim with respect to the replacement of the LED lighting, and obtaining a loan in the name of the victim by obtaining the relevant documents. Since the victim used the loan KRW 10,330,000 to replace the LED lighting, the victim did not have any criminal intent to obtain fraud, there is no fact that the victim was deceiving the victim.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

(2) The sentence imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake of facts is based on the Defendant’s assertion of mistake of facts. The Defendant’s ground for appeal on this part is identical to the Defendant’s defense at the lower court’s trial. In full view of each evidence, the lower court: (a) was in a bad credit condition at the time when the Defendant was invested by the victim; (b) was not in the Defendant’s name; and (c) was under the Defendant’s name; and (d) was liable for a debt equivalent to the second financial right, such as card payments, and RusW Capital, including the amount of debt equivalent to KRW 400-50 million to KRW 47.5 million; and (b) was under the monthly wage of KRW 80-9 million as employees; and (c) was under the monthly wage of KRW 200-3 million as well as the amount of money paid by the Defendant from the victim.