A defendant shall be punished by imprisonment for a term of two years and two months.

A. The Defendant, at early October 2015, committed a mistake of facts or misunderstanding of legal principles on the fact that a skelton, which is a cost for the bones of assembly smartphones, was forged in the FF’s statement of understanding on the business (hereinafter “G project”) that was supplied to the F, and up to that time, he believed that G projects were actually carried out, and thus, there was a criminal intent to obtain fraud by the Defendant.

It is difficult to view that the defendant participated in B's fraudulent conduct.

In addition, the Defendant first met the victims in July 25, 2015, and at that time known that the victims L invested in G projects, and thus, the Defendant did not participate in the criminal facts of the attached Table 1 and 2 at least.

Therefore, the judgment of the court below which convicted the defendant of fraud is erroneous by misapprehending the legal principles.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The court below also has the intention to commit the crime of defraudation by the defendant.

The court below rejected the Defendant’s assertion on the following grounds: (a) it was difficult to deem that he participated in B’s fraud; and (b) based on the evidence duly adopted and examined by the court below, the court below determined that this part of the facts charged was recognized and rejected.

B. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below in addition to the circumstances stated in detail, it is sufficiently recognized that there was the Defendant’s deception by the intentional and implied conspiracy with the respective annexed frauds. Therefore, the Defendant’s allegation of mistake of facts or misapprehension of legal principles is without merit.

(1) The defendant is against the AL bank organized at the trial.