All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

The applicant AV's request for compensation shall be dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 및 법리 오해 피해자 F, G, H, I에 대한 사기의 점 : 피고인은 K 첼로가 진품인 줄 알았고, K 첼로를 판매한 수익금을 피해자들에게 변제할 의사와 능력이 있었다.

The fraud against the victim W: The defendant lent KRW 100 million to the victim, and the victim provided a malicious instrument to the defendant as he/she is not fully paid the money and repaid the money borrowed from the credit service provider as security.

The Defendant had the intent and ability to repay to the victim.

On June 16, 2015, the Defendant purchased actual musical instruments of KRW 70 million paid by the injured party, and attempted to sell the purchased musical instruments, but provided with musical instruments as collateral and borrowed money due to its economic circumstances.

In accordance with the agreement with the victim, part of the interest and the principal were paid.

There was no intention to commit fraud against the accused.

The fraud of the victim AZ: The defendant was entrusted with the sale of 10 points from the injured party, and 4 points out of them were sold to the injured party and paid the price to the injured party, but the defendant aggravated the financial condition of the injured party and used the sales proceeds of 6 points individually.

The defendant has embezzled not only six malicious points, but also embezzled.

The market price of musical instruments taken by the victim N, W, Z, and AV: The value of the musical instruments stated in the facts charged is not the objective value assessed amount, such as the amount of forced pressure of the victims after the occurrence of the damage to the defendant and stated in the contract, custody evidence, etc.

It shall not be considered as fraud amount.

2) The punishment (five years of imprisonment, four months of imprisonment) of the lower judgment that was unfair in sentencing is too unreasonable.

B. The first instance court’s sentence of the Prosecutor (unfair sentencing) is too unhued and unfair.

2. Determination

A. The judgment of the court below on the defendant's ex officio judgment following the consolidation is separately pronounced.