A. In collusion with C on October 10, 2008, the Defendant was not guilty of KRW 9.6 million on or around May 19, 2009, KRW 8 million on or around August 18, 2009, and KRW 3 million on or around August 18, 2009.

Nevertheless, the court below convicted all of the facts charged of this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, including the witness J and C’s statement in each court of the lower court’s trial as to the assertion of mistake of facts, the Defendant would receive a loan of real estate owned by C as collateral even though there is no real estate owned by C.

In other words, C and C and C have to borrow money from the victim on October 10, 208 according to the above public offering and to receive a loan from the victim as collateral in Busan Si/Gu with a loan of KRW 10 million from the victim on or around October 10, 2008. In other words, C and C deceiving the victim to transfer money to A’s account, and caused the victim to transfer money of KRW 9.6 million with the exception of KRW 400,000,000,000,000 from the bank account under the name of the defendant. < Amended by Presidential Decree No. 21348, May 19, 2009; Presidential Decree No. 21348, Feb. 19, 2009; Presidential Decree No. 22514, Feb. 19, 2009; Presidential Decree No. 22503, Feb. 28, 2008; Presidential Decree No. 22010, Feb. 8, 20008>