All appeals by the defendant and the prosecutor are dismissed.

1. The summary of the grounds for appeal 1) Although the defendant (1) and the defendant, as stated in the facts constituting a crime in the judgment below, borrowed money to the victim and failed to repay it, the defendant paid 1.85 million won to the victim on two occasions, and the defendant attempted to pay the above money with profits from stock investment, but he did not pay the above money due to the failure to obtain profits.

Therefore, the defendant does not acquire money from the beginning to the victim without the intention or ability of repayment with the criminal intent to commit fraud.

(2) The sentence of the lower court (six months of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant may be deemed to have borrowed money as stated in the facts constituting the crime in the lower judgment at least without the intention or ability to do so at least at the time of the instant case.

(1) At the time of the instant case, the Defendant had no specific business plan at the investigative agency, and was aimed at having the Defendant not detained on a separate basis.

(2) The Defendant, at the time of the instant case, stated that the financial status has deteriorated due to the commencement of the Defendant’s failure to receive money from M from the investigative agency from November 201, 2013, and that the amount of debt reaches KRW 200 million at the time of the instant case (see, e.g., evidence record 145, 146).