A. In full view of the fact-finding (2017Da405, not guilty part) and the fact-finding that the victim consistently stated that he provided money to the defendant as a loan that is not an investment loan, there is a notarial deed of debt repayment contract written as a loan, an investment contract is only prepared by the defendant in need of cooperation in accounting, and there is no stocks or director, etc., the victim paid money as a loan to the defendant. The victim did not have any funds secured by the defendant at the time, the owner did not pay down payment, the loan was used for an individual purpose that is not related to the business, the loan was not used for a personal purpose that is not related to the business, and the defendant did not know whether it would be well carried out or excessively by deceiving the victim without the ability to return money according to the agreement, or without the intention, it can be sufficiently recognized that he received money by deceiving the victim.2) The punishment sentenced by the court of unfair sentencing (two years) by the court below is too unreasonable.

B. Defendant 1) As to the case of misunderstanding of facts and misunderstanding of legal principles (2015Da6356, 2017 Highest 3879, guilty part), Defendant concluded a sales agency contract with F Co., Ltd. (hereinafter “F”), and concluded a sales agency contract with F Co., Ltd. (hereinafter “F”), and there was a prior sales agreement equivalent to KRW 20 billion, which was not satisfied, and the Defendant did not intend to commit fraud in full view of the following: (a) at the time of entering into the sales agency contract with D, R securities, and J; and (b) at the time of entering into the sales agency contract with F Co., Ltd.; and (c) the Defendant was judged to have been well going into business.

B. With respect to the case of 2017 Godan3879, the Defendant provided that the victim would accept a subcontract for the Defendant’s business-related work, with a view to supporting the Defendant’s business operation cost of KRW 300 million and additionally subsidizing the amount of KRW 250 million for damage compensation against W according to the progress of construction.