A defendant shall be punished by imprisonment for two years.

The defendant shall make compensation 29.20 million won to the applicant.

A. 1) 1) The 1) judgment of the first instance court agreed to operate the Jda and E cafeteria with the victim I and H, and the F cafeteria’s operation right is granted to the victim I a total of KRW 290 million on the condition that it is transferred to the victim I and the victim I did not borrow money from the victim I.

However, in the view that the acquisition of the same or operating right by transfer should not cause damage to the victim I who became aware of the introduction of H and H, for a certain period of time, the loan certificate or the operating right certificate agreed to return the principal of the investment after the lapse of the period.

In addition, at the time of receiving the above money from the victim I, the defendant not only possessed active property such as real estate and lease deposit claims, but also achieved profits while operating a large number of enterprises, so there was sufficient ability for the defendant to repay the money.

Nevertheless, there is a criminal intent to acquire the above money by deceit because there is no capacity or intent to repay the borrowed money to the defendant at the time of the delivery of the money by reporting the nature of the above money as the borrowed money as the borrowed money.

The judgment of the court below that convicted the charged facts of this case is erroneous in the misapprehension of facts.

2) In order to recover losses caused by failure to invest in stocks from the victim AD, the Defendant agreed to return the principal to the Defendant at the request of the victim AD to pay interest at an amount of up to two minutes per month on the dividend for investment, and was paid KRW 20 million on August 6, 2010 from the damaged party under the pretext of investment, and KRW 50 million on October 13, 201 of the same year. After which the Defendant and the victim AD and AJ agreed to operate AF futures as a partnership business, the said amount was converted to the AF futures investment amount, and the said amount was additionally received KRW 10 million on May 30, 201, KRW 20 million on June 20, 2011, KRW 790,000 on July 1, 201, and KRW 790,000,000 on July 1, 201, and the AFS has been terminated.