A. The judgment of the court below that recognized all of the above 70 million won as the fraud amount in fraud, even though the crime of fraud is established only with respect to the amount obtained by deducting the total of KRW 12 million from the total of KRW 70,000,000,000,000,000 for the loan fee of KRW 70,000 (10% of the loan), the prior interest of KRW 2.1 million (3% of the loan), and other expenses for the notary certified judicial scriveners for registration.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is excessively unreasonable.

2. Determination

A. misunderstanding of legal principles is acknowledged based on evidence duly adopted and investigated by the court below. 1) The victim who was found to have borrowed money from the Defendant and the victim who was to borrow money from the lending broker only through his father, 2) the defendant's lending of approximately 10% of the loan fee to the lending broker, and the defendant and the victim decided to lend 7.6 million won directly to the defendant under their own N's own name without going through the lending broker on October 6, 201. 3) The victim paid 7.6 million won of the loan to the defendant as part of the above loan, 7.7 million won of the loan (the loan 7.7 million won x 1.7 million won x 2.5 million won, 3.7 million won of the loan x 1.65 million won of the loan x 1.65 million won of the loan x 2.7 million won of the loan , 3.5 million won of the loan x 1.65 million won of the loan .65 million won of the remainder.