A. Defendant 1) In determining the facts, the lower court determined that the Defendant did not have any intent or ability to repay money from the victim, and the Defendant’s co-ownership share of H 64,760 square meters in the name of his father, Dong-gu Daejeon, Daejeon (hereinafter “instant co-ownership share”).

(2) The lower court found the Defendant guilty on the ground that the Defendant did not have any intention to deceive the victim, even though it was unable to afford the necessary expenses prior to the instant co-ownership, by deceiving the victim and deceiving the victim about KRW 50 million. However, the Defendant borrowed money from the victim to borrow the above KRW 2 billion as expenses in order to borrow the above KRW 2 billion. However, the Defendant did not borrow money from the wind bound by the Defendant’s fraud against the victim C, and the Defendant did not have any intention to deceive the victim. 2) The lower court’s sentence of unfair sentencing (two years of suspended sentence for imprisonment for eight months) is too heavy.

B. As to each fraud against the victim C by the prosecutor, the court below acquitted the defendant on the ground that there is no evidence to support the fact that the defendant received money from the victim. However, according to the victim C, P, T's statements and related documents, it can be recognized that the defendant deceivings the victim and defrauds the victim with 178,300,000 won, the court below acquitted the defendant, but there is an error

2. Determination:

A. The following circumstances acknowledged by each evidence duly adopted and investigated by the lower court and the first instance court on the Defendant’s assertion of mistake of facts; ① the Defendant was in a situation where the previous business was in a bad credit position at the time of borrowing money from the victim E, such as the Defendant was unable to repay the amount of KRW 50 million borrowed from the victim E with his/her own funds, and ② the Defendant was in a situation where he/she could not repay the amount with his/her own funds, such as there was no other income.