The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment shall be imposed for two years from the date of the final judgment.

1. Summary of grounds for appeal;

A. At the time of the loan of this case by mistake of facts, the Defendant, while holding 70% of the shares in the instant wedding hall, was expected to acquire 250 million J shares in KRW 250 million and transfer 350 million shares in KRW H (K prior to the opening of name). Since each transfer contract was concluded, each transfer contract was concluded, the Defendant could sufficiently repay the difference in the loan of KRW 47 million.

Nevertheless, the lower court, which found the Defendant guilty of fraud, erred by misapprehending the legal principles on the Defendant’s intent and ability to repay.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination:

A. According to the following circumstances that the court below duly adopted and examined the evidence and the testimony of the court of the trial witness of the case, it is sufficiently recognized that the defendant acquired money from the defendant without the intent or ability to repay the borrowed money to the victim as stated in the facts charged of this case, and the judgment of the court below on this point is just, and therefore, the defendant's assertion on this part is not accepted.

① On May 22, 2012, the Defendant borrowed money from the victim, and it is necessary to purchase 30% of the J share of the instant futures trading. On the other hand, the Defendant told the other investor to repay the said share within 10 days if he/she borrowed money.

② However, the Defendant did not use the borrowed money from the victim for the purchase of shares, and used it as operating expenses, such as personal living expenses, interest on the Defendant’s obligation, management expenses of crowdfunding, monthly rent, etc.

③ The Defendant paid an amount equivalent to KRW 700 million to J and accepted 70% of the share of the instant wa Holdings. Of them, KRW 500 million was taken over the obligation of deposit of the photograph, beauty art, and divers team, and additionally, the classical construction cost is more than KRW 300 million.