A. Defendant 1) The Defendant did not have the intention to commit the crime of defraudation.

2) The sentence of the lower court is too unreasonable.

B. Prosecutor 1) In relation to the fact of acquiring the certificate of acquiring the balance of deposit amount of KRW 5 billion, the lower court’s judgment that determined otherwise erred by misapprehending the facts, although it could be found guilty of this part of the facts charged by the victim’s statement, etc.

2) The sentence of the lower court is too unhued and unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant’s assertion of mistake of facts is rejected, since it is recognized that the Defendant borrowed money or money equivalent to KRW 4.5 million from the injured party without intent or ability to repay.

① At the time, the Defendant did not have any fixed income at all, and did not have any property owned, and there was a total of KRW 3 to 40 million debts.

② The Defendant did not have a specific plan for raising funds for the repayment of borrowed money from the victimized party. On the other hand, if the Defendant entered the Republic of Korea with the well-being of an enforcement project, etc., only he/she had the victim’s intent to repay the borrowed money.

3. In light of the following circumstances acknowledged based on the prosecutor’s assertion of mistake of facts, the only evidence submitted by the prosecutor alone proves that this part of the facts charged was proven.

The judgment of the court below which acquitted the defendant on the ground that it is insufficient to see it is justifiable even in the trial of the party, and thus, the prosecutor's assertion of mistake

A. In light of the following circumstances, the Defendant, like the Defendant’s consistent assertion, listens to the language of raising illegal funds from the injured party, and introduces the injured party to FF, etc. related thereto, thereby gaining profits in relation to the raising of illegal funds directly to the injured party.

f) deceptions.