A. The Defendant, as stated in the facts charged, did not agree with interest or make a false statement to the victim, and the victim did not lend money to the Defendant, but invested in Indonesia clothing business by the Defendant.

In addition, at the time of receiving money from the injured party, the clothing business operated by the defendant in Indonesia was in a situation where he was able to pay the money to the accused.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by this court, the fact is sufficiently recognized that the Defendant acquired money by deceptive means to the victim, as stated in the facts of the lower judgment, even if the Defendant borrowed money from the injured party, since the clothing business operated in Indonesia was almost no profit-making situation and the Defendant did not have any special profit increase plan. Therefore, even if the Defendant borrowed money from the injured party, it is sufficiently recognized that the Defendant obtained money from the injured party

The judgment of the court below that made this conclusion is just and there is no illegality of misconception of facts alleged by the defendant.

This part of the defendant's assertion is not accepted.

1) A Indones factory operated by the Defendant was established by 6-7 persons, including the Defendant, from around 2009 to around 300 million won, by lending the factory establishment fund (Korean currency KRW 300 million) to the Defendant’s identity, and the shares of the above partners were to have the same amount of the clothes and machinery brought to each party (Evidence No. 97 pages). The Defendant received money from the injured party, and distributed profits and losses between the two partners.