The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The victim of mistake of facts is merely an investment in the partnership business relationship and did not lend money to the defendant. On the other hand, the victim was aware of the defendant's difficult business situation at the time, as well as the situation where the deposit for the lease of a restaurant was already provided as security to others, so the victim's statement is different from the fact that the defendant concealed such circumstance and got back the deposit for the lease deposit to the victim, and thus, even if it was possible to repay the borrowed money.

Nevertheless, the judgment of the court below that recognized the defendant as a crime of fraud by making such statements made by the victim as the main evidence is erroneous.

B. Even if a person is guilty of an unreasonable sentencing decision, the lower court’s punishment (three million won of a fine) is too unreasonable.

2. Determination

A. A. Around September 13, 2013, the summary of the facts charged in the instant case stated that “A” restaurant operated by the Defendant in the Northern-gu, Northern-si, the victim E loaned the victim E with the signboard cost and the purchase cost necessary for changing the type of business. The money will be repaid while operating the restaurant, and if it is not repaid, the restaurant will be disposed of and the security deposit will be repaid even if it is refunded.”

However, in fact, even if the above restaurant provided a security deposit and borrowed money from F, it did not notify it, and there was no ability to repay it even if it borrowed money from the victim.

Nevertheless, the Defendant received from the victim each transfer of KRW 3.6 million from G to H’s account on September 13, 2012, KRW 600,000,000 to H’s account on the same day, KRW 2.9 million to H’s account on September 27, 2012, KRW 1 million to H’s account on September 29, 2012, and KRW 1 million to G account on October 2, 2012. On October 2, 2012, the Defendant received KRW 5,00,000 from the victim in cash and borrowed KRW 14.1 million in total on six occasions, and returned the remainder.