A. Fact-misunderstanding 1) With respect to the fraud by the victim G, I, T, and U and the fraud by the victim J on January 13, 2016, the Defendant did not borrow money from the victims as stated in the facts constituting the crime in the judgment below, but invested in the Defendant under the commitment of saw that the victims are promising to engage in the business of the company.

2) On January 28, 2016, the Defendant did not request the victim to reimburse K’s debt amounting to KRW 10 million on behalf of the victim J and requested the victim to do so.

3) With respect to the exercise of each alteration document at the end of April 2016 and around May 2016, the Defendant only shown to K a deposit of KRW 120,000,000,000, a deposit of KRW 120,000,000, which was altered, and there was no evidence from J, G, and I.

B. The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is excessively unreasonable.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the charge of fraud by the victim G, I, T, and U and the victim J on January 13, 2016, the part concerning the assertion of mistake of fact 1) is sufficiently recognized that the Defendant deceivings the victims as stated in the facts constituting the crime in the lower judgment and acquired money by deception.

The victim I and J have made the following statements in the court of the court below, and their statements are consistent in substitution with the statements in the investigation agency.

- The defendant shows to the victims a computer monitoring screen of bank Internet banking in the defendant's office, and " approximately KRW 600 million exists in the new bank account, and the funds are integrated.

As the company's operating funds need to be loaned money, there is a difference in the loan.The interest shall be paid at the same time and the principal shall be repaid after one month.

“The Court made an order”.

- The defendant did not pay money even after the date of repayment, and at the request of the victims.