A. Defendant 1’s fraud against D is false, and the Defendant entered into a contract for transfer of KRW 25 million to D and F Co., Ltd. (hereinafter “F”), and received KRW 25 million on June 8, 2016, but returned KRW 20 million out of D’s request. After the Defendant and D entered into an agreement with D to sell “C” volume of KRW 75 million with the Defendant’s operation by changing the above share transfer contract, it was merely that D again did not pay KRW 20 million with the remainder of KRW 50 million.

F has the value of KRW 10 million per share as a company imported in Japan with machinery exceeding KRW 140 million.

B) The Defendant’s loan of KRW 20 million from I was about 20 million, but it was about 2014 to 2013 to 2013.

90 million won is paid as the price for the purchase of the dry field in Jeju-do. However, the value of the Jeju-do land was withheld excessively, the F business was paid well, and the defendant did not pay the money due to the discontinuance of the business.

C) L with respect to L is expected to engage in F projects.

I think that money was lent, and thereafter, the defendant was unable to pay the money because of the suspension of business on the wind that the defendant is under the restraint of his own.

D) There is a prospect for M and N’s fraud, M, N’s project

I think, after investing in money and acquiring shares, the registration was made by the F-in-house director or auditor, and thereafter the business was suspended on the wind that the defendant is temporarily bound.

2) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts, based on the evidence duly adopted and examined by the lower court.