All the costs of the original judgment and the trial shall be borne by the defendant.

A. In collusion with D, the Defendant did not acquire 70 million won from the victim F in collusion.

Nevertheless, the court below found the victim F guilty of fraud based on the victim F's statement. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. The lower court’s sentence of unfair sentencing (two years of suspended execution in August and forty hours of compliance driving) is too unreasonable.

2. Determination

A. 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (a) the victim was provided as security the right to claim the return of the lease deposit (see Articles 36, 208, and 209 of the Investigation Record) at the time of remitting KRW 70 million to the defendant (see Articles 36, 208, and 209 of the Investigation Record); (b) the defendant alleged that he was not the claimant at the time of offering the right to claim the return of the lease deposit as security; (c) although the joint and several surety stated that "the defendant would be a joint and several surety because the defendant provided a security (see, e.g., Article 62 of the Investigation Record)" (see, e., Supreme Court Decision 62 pages); (d) if the victim was erroneous at the time of preparing the No. notarial Deed, the victim requested the defendant to collect the claim from the defendant as the principal obligor (see, e.g., Supreme Court Decision 200 million won to the defendant's account).