The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the victim F.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant borrowed KRW 15 million from E, but at the time, the Defendant had the intent and ability to repay it, so there was no intention to acquire the Defendant by fraud.

The defendant did not deceiving F to employ the F as a driver of the DDR, and there is no fact that F received KRW 40 million from F.

The court below which found all of the facts charged of this case guilty erred by misapprehending the facts.

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

2. Judgment on the assertion of mistake of facts

A. Comprehensively taking account of the statements made by the defendant in this court and the evidence duly adopted and examined by the court below in determining fraud against the victim E, the defendant could fully recognize the fact that the defendant deceivings the victim E and obtained 15 million won from E.

The judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law.

B. The summary of the facts charged in this part of the judgment of fraud against the victim F is that the Defendant had worked as the president of the D Rehabilitation Agency located in the Daegu North-gu Seoul Northern District Office from February 1, 201 to December 31, 2011. However, even if there was no plan for employment of D Rehabilitation Agency driver as a driver on June 201, the Defendant did not have any intent or ability to employ the D Rehabilitation Agency as a driver even if he did not receive money from others.

Nevertheless, on June 20, 201, the Defendant stated that “40 million won is to be employed as a driver of the Korea Rehabilitation Agency from the Jeju-gu Residents’ Office” to the victim F, and received KRW 40 million in total over 15 times from around July 2, 2011 to October 15, 201, as described in the attached Table of Crimes, from the victim, the Defendant received KRW 3 million in cash from the victim’s on the street in front of the Daegu Suwon-gu Residents’ Complex from July 2, 2011.