A defendant shall be punished by imprisonment for not less than one year and six months.

A. Fact-misunderstanding ① With respect to the fraud of the victim K and L among the facts charged in the instant case, the Defendant only introduced victims to W to the former representative of the M medical Corporation M medical Foundation (hereinafter “Medical Foundation”) and did not borrow KRW 35 million from the victims.

The victims have lent KRW 35 million to W who is not the defendant, and otherwise the victims have lent the above money to the defendant.

The judgment of the court below that made the seal contains an error of mistake of facts.

② On March 28, 2011, in borrowing money from the victims, W had the victim L on March 28, 201, completed the registration of the establishment of the right to collateral security at the maximum amount of KRW 400 million with respect to the land owned by the Medical Foundation Kim Jong-si, and there was no intention or ability to repay the borrowed money as long as sufficient collateral has been secured.

It is difficult to see it.

On the contrary, there was an intention to obtain fraud by the accused.

The judgment of the court below that made the seal contains an error of mistake of facts.

B. The punishment of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the claim that W borrowed money, the defendant could be recognized as having borrowed money from the victims, and the defendant's assertion that this part of the facts is erroneous.

① The Defendant performed the remodeling work of the H “H” hospital located in the Kimhae-si, operated by the Medical Foundation, and acquired the Medical Foundation from W around May 201.

② Some of the amounts loaned by the victims was deposited into the Z account of the Defendant on March 18, 2011 and March 25, 2011.

③ There is no special reason to lend a large amount of KRW 35 million to W without any ordinary transactional relationship.

In addition, the defendant entered into the instant transaction.