The defendant shall be innocent.

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not deceiving the victim by speaking as stated in the facts charged, nor had the intent and ability to return the money from the victim at the time of borrowing the money, and there was no intention to commit the crime of defraudation.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court (one year of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The Defendant is a de facto operator of C Co., Ltd. established for the purpose of leasing real estate in Boan-si.

On September 3, 2014, the Defendant: (a) received a loan of KRW 250 million from the victim F and the victim G, etc. (hereinafter “victim”); and (b) provided the right to collateral security of KRW 300 million on the instant real estate to the said G, in order to raise interest on overdue interest and the cost of tax in arrears on the part of the neighboring mortgagee of the land D site in Bocheon-si owned by the said C (hereinafter “the instant real estate”); and (c) received a loan of KRW 250 million in total from the victim F and the victim G, etc. (hereinafter “victim”); and (d) granted the right to collateral

However, as the defendant continued a business depression, the above E and others were in arrears with the cumulative interest on the obligees, and the auction of the real estate of this case was anticipated, the defendant raised additional money from the victims to stop the auction of the real estate of this case.

On November 5, 2014, the Defendant: “Around November 5, 2014, the Victim F is expected to obtain additional loans to the instant real estate as security; “A bank is unable to obtain a loan immediately due to the lack of transaction performance with C bank; but a bank is 200 million won and it is possible to obtain a loan if it deposits more than 15 days at the bank.

section 3.

The loan of KRW 200 million shall be deposited with the loan of KRW 250 million before receiving the additional loan.

The purport of “..........”