A. misunderstanding of facts (Article 2013 Highest 1001 of the Criminal Act in the original judgment)

A. A. On May 12, 2009, the Defendant received KRW 119 million from the Victim F as a loan, and the amount that the Defendant was required to borrow at the time is KRW 100 million, and the Defendant returned KRW 19 million to the Victim F as well as the interest on bank loans, on that spot, at the same time, the Defendant returned the amount of KRW 19 million. Thus, the Defendant was guilty of all the charges that the Defendant obtained KRW 100,000 from the Victim F as a loan, and obtained KRW 19,000 from the Victim F as a loan, on or around May 12, 2009. Furthermore, the lower court found the Defendant guilty of all the charges that the Defendant obtained KRW 10,000 from the Victim F as a loan, and obtained it by fraud. The imprisonment (the imprisonment for two years is too excessive) sentenced by the lower court on the Defendant.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below, even if the defendant borrowed money from the victim F, he had the intent to use it for personal purposes. The defendant did not intend to use it as the down payment for the sales contract for commercial buildings in Incheon Cheongbuan apartment complex, A29 block Cheongbuan apartment complex, and did not intend to repay the borrowed money within six months since there was no particular property or income at the time, the defendant made a false statement about the purpose of the borrowed money, the due date of the borrowed money, and the payment of interest, etc. to the victim F, and the above money was granted from the victim F to the defendant on May 12, 2009 as the down payment for the sales contract for commercial buildings on the commercial use on the commercial use of 10 million won, a cashier's checks of KRW 100,000,000,000,000 won per face and KRW 119,000,000,000,000 from the victim F.