A. The person who entered into a contract with Defendant A is the representative director of R to determine the facts or the misapprehension of legal principles.

② After receiving money, Defendant A discovered that a lien was established at the S site, and thereby notified M that it is difficult to make an investment.

(3) Nevertheless, M is merely a failure to return KRW 50 million to the Defendant A’s request to attract investment even in other businesses.

Shed Defendant C was making efforts to attract investment from Defendant A with trust in the ability to attract investment of Defendant A, and in such a situation, Defendant C was trying to obtain investment from Defendant A and the victim in company with the hosting of Defendant A and the victim, and Defendant C said that it has such ability, so there was no intention to commit fraud with Defendant C.

B. Each sentence (10 months of imprisonment, 8 months of suspended sentence, 2 years of suspended sentence, 80 hours of community service, 80 hours of imprisonment) against the Defendants of the lower judgment on unreasonable sentencing is too unreasonable.

2. According to the evidence duly adopted and examined by the court below, including the victim and witness J testimony which is reliable in the court below's determination of the mistake of facts or misapprehension of legal principles, and the defendant's statement of promissory notes, cash custody certificate, and payment note prepared on the victim's side, it can be recognized that the money of this case was made by the victim's withdrawal, and the joint business contract with the defendant's side shall not be deemed to have been written in the name of R (Representative M) corporation.

Defendant

A’s assertion is without merit.

Defendant

A, as alleged in the ground of appeal, the lower court determined that the Defendant did not have any intent or ability to attract funds of KRW 100 billion from the beginning, after having explained in detail the circumstances acknowledged by the above evidence.

The court below's decision.