All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1’s assertion of mistake of facts received KRW 126 million in total from the victim as the name of investment or loan, but it was true that at the time, Defendant’s financial standing is not good and the operation of the instant gas station is difficult at the time. The victim knew of this fact, he expecting the activation of the instant gas station in the future, thereby making an investment or lending of money to the Defendant. Thus, Defendant cannot be deemed to have induced the victim. 2) The lower court’s sentence on the allegation of unfair sentencing (one hundred months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below on the Defendant’s assertion of mistake of facts were duly adopted and investigated by the evidence duly admitted and investigated by the court below, namely, ① the Defendant did not have 10% of the originally anticipated enterprise moving into H where the gas station of this case was located at the time when the Defendant received the money under the name of investment or loan from the victim, and thus, the Defendant was in the situation where the Defendant reported the deficit exceeding KRW 10 million every month due to the operation of the gas station of this case. ② The Defendant had loaned money from many persons already, and the Defendant had accumulated the debt amount exceeding KRW 100 million; ③ The Defendant did not express the financial situation at the time of the Defendant and the operating status of the gas station of this case, and rather, rather, stated that “the instant gas station is operated directly by GSkTex, and only within H, which would cause a lot of profits if H was activated immediately,” and introduced the Defendant into GFB and the lower court, but did not state the fact that the Defendant purchased the gas in this case.