The conviction in the judgment of the first instance court shall be reversed.

Of the facts charged in the instant case, fraud against the victim N.

1. Summary of grounds for appeal;

A. The defendant's mistake of facts or misapprehension of legal principles (the defendant did not belong to the victim N while receiving investment from the victim N, and at the time there was no intention to acquire the defendant by fraud).

A public prosecutor, mistake of facts or misunderstanding of legal principles (i.e., fraud against the victim C: the victim C leases money with a specific period of time for payment; the defendant did not have the intent and ability to repay the above money; the defendant received KRW 1.50 million in return for granting the right to operate H store from D; as if he received KRW 500 million in return, he was the victim C with the intent of defraudation by preparing a false agreement and presenting it to the victim C; and (ii) with regard to the fraud against the victim D, the defendant guaranteed the victim D the proceeds of 30% or more, and the victim D guaranteed the defendant the proceeds of 120 million won or more delivered on November 16, 2009 and 60 million won delivered by the victim D on July 23, 2010 and July 26, 2010; therefore, it is recognized that the crime of defraudation constitutes the victim D with a specific period of time for payment; and therefore, the court's judgment of unfair sentencing is unjust.

A. As to the Defendant’s assertion (the part on the Defendant N, the part on the victim N, and the part on the 2013 Godan143), the following circumstances acknowledged by the evidence duly adopted and examined by the first instance court, i.e., there is no evidence to deem that the Defendant said that the Defendant had already concluded the LO sales contract with the victim N, and ii) even after May 13, 2010, C provided the Defendant with money from the victim N until May 24, 2010, and began to demand the Defendant to return money from June 2010 (the trial record 54 pages), D also collected KRW 60 million from the Defendant on May 13, 2010, and delivered KRW 60 million again to the Defendant on July 13, 2010, as long as the Defendant delivered KRW 250 million from the victim N.