The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Summary of Grounds for Appeal

The Defendant was only the representative director under the name of D Co., Ltd. (hereinafter “D”) among the facts constituting the crime of the lower judgment [2013Da3519] stated in the judgment of the lower court as to the fraud against the victim F. The Defendant was the sole criminal act of G operating D. The Defendant did not explain to the victim about the beer import business or obtained the money of KRW 30 million.

The Defendant, among the facts constituting the crime of the lower judgment [2013 J. 3519] stated in paragraph (2) of this Article, provided sufficient explanation to the victim regarding the Chinese smuggling import business before the establishment of J. The victim invested KRW 30 million as the J’s director from the intent to cover damages incurred from the crime of defraudation as stated in paragraph (1) of the G. However, this project may begin with funds at least KRW 30 million, but it is inevitable for the Defendant to gather funds only KRW 100 million with investment funds, and it is inevitable for the Defendant to inevitably suspend its business. Of the facts constituting the crime of the lower judgment [2013Da3519], the Defendant attempted to import and supply V-2 medical aids from R-2 to medical machine companies and companies, and the victim paid KRW 10,080,000,000 to the Defendant for the above 30-year medical aids. The Defendant did not have any error in the lower judgment that the Defendant paid the above 10-year criminal complaint to the Defendant.