A. The Defendant (definite or misunderstanding of legal principles) borrowed each of the instant funds from the victims as business expenses of the company, and did not receive such money as consideration for taking orders from the G General Industrial Complex tree Corporation.

The victims entered into a contract for a brupt construction project with the actual G general industrial complex of 32,00,000 and did not carry out a brupt construction project even though L was paid KRW 53 million as the contract for a brupt construction project.

The judgment of the court below which found the defendant guilty of the facts charged in this case even though the defendant did not have the intention to commit fraud, is erroneous in the misapprehension of legal principles.

B. The prosecutor (e.g., imprisonment with labor for six months) sentenced by the court below is too unhued and unfair.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the following facts or circumstances may be acknowledged. ① The Defendant and the victim Nonparty and the victim were known through the introduction of a person, and the victim D first met the Defendant upon the introduction of E around March 9, 2010. On the same day, D paid KRW 21.5 million to the Defendant by September 8, 2010, in total, eight times until September 2010. ② E also delivered KRW 1,070,000 to the Defendant over 16 times from April 16, 2010 to November 15, 2010. ③ The Defendant: (a) around August 15, 2010, paid KRW 200,000 to the Defendant with a loan certificate issued by the Defendant; and (b) the Defendant delivered KRW 1,070,000 to the Defendant.

(i)with respect to sprinked works among G general industrial complex creation works in south-gu N where F is the representative director, in F’s capacity, F.O. (hereinafter referred to as “O”).

was drawn up and awarded a construction agreement with the terms of the contract cycle.

(4) D and E, from June 2010, receive approximately KRW 53 million from L which is a punishment business operator from around 1, 2010, as part of them ①, and paragraph (2).