The judgment below

The part of the first and second crimes in the judgment and the part of the third crimes in the judgment shall be reversed respectively.

No. 1 of the judgment of the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding the facts (as to the crime No. 1 (crime of fraud against victim E) as indicated in the judgment of the court below), the Defendant did not engage in deception as stated in this part of the facts charged, and did not have any intent to commit fraud against the Defendant.

The victim E promises to make an investment of KRW 300 million in the bicycle manufacturing business for which the defendant intends to make an investment, and pays KRW 21.3 million in some of the investments to the defendant, and it does not lend the above KRW 21.3 million to the defendant as stated in the above facts charged.

Nevertheless, the court below found the above facts charged guilty on the grounds as stated in its reasoning. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The punishment sentenced by the court below to the defendant (the punishment of 3 months in imprisonment with prison labor for the crimes of 1 and 2 as indicated in the holding, 2 months in imprisonment with prison labor for the crimes of 3 as indicated in the holding, 4 and 5) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport, and on this basis, based on the circumstances acknowledged by the evidence duly adopted and investigated by him, the lower court found the Defendant guilty of the charges on the ground that the Defendant committed a deceptive act, such as the description of this part of the facts charged, to the victim E, and that it was sufficiently recognized that the Defendant acquired 21.3 million won from the victim E.

The following additional circumstances acknowledged by the evidence duly admitted and investigated by the court below in light of the circumstances stated in the judgment of the court below as the ground for conviction, i.e., ① the victim delivered to the defendant consistently from the investigative agency to the court of the court of the court below, stated that the amount of KRW 21.3 million is not an investment but a loan.