A. The Defendant did not commit fraud, such as the description of this part of the facts charged, against the Defendant.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it recognized fraud without evidence.

B. The sentence of the lower court that is unfair in sentencing (7 million won) is too unreasonable.

Judgment

A. Determination of the lower court as to the assertion of fraud 1) The Defendant denied this part of the facts charged by asserting that the lower court had no criminal intent to commit fraud. The lower court determined that: ① the victim B was a director of L Co., Ltd. (hereinafter “L”) at the same time other than private individuals of Co., Ltd. (hereinafter “D”) operated by the Defendant; ② L invested KRW 1 billion in D around January 2018; ② preparing an agreement and an investment contract with D around December 31, 2018, 50 million won out of the above amount was 00,000,000 won out of the loan 10,000 won was 30,000 won out of the loan 20,0000 won, and the Defendant was not 1,50,000 won out of the loan 20,000 won out of the loan 30,000 won out of the loan 10,000 won was 3,000,000 won.