The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

1. The summary of the grounds for appeal 1) In relation to the mistake of facts and misapprehension of legal principles (1) on August 7, 2008, the Defendant had the intent and ability to repay the borrowed money.

(2) With respect to the fraud on October 12, 2012, the Defendant did not mean that “the Defendant would repay the borrowed amount with KRW 100 million within 10 million.”

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The prosecutor applied for changes in the indictment in exchange for the facts charged in the trial, and the judgment of the court below can no longer be maintained as the case is permitted by this court.

However, although there are reasons for reversal of authority above, the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

3. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine on August 7, 2008, the lower court’s determination on the assertion of fraud can sufficiently recognize the Defendant’s intent to repay and the fact that the Defendant had no ability to repay at the time of committing the instant crime

① The Defendant led to confession of this part of the facts charged at the lower court.

② At the time of committing the instant crime, the Defendant was born the amount of KRW 8 million ( approximately KRW 9.53 billion in Korean currency) to be suspected of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (afford) and was escape.

Since the victim became aware of the defendant through the introduction of G, which was a policeman at the early June 2008, the victim heard the defendant's horse that "to return the principal and to pay interest at a high interest rate within two months" and "to return the principal within two months" without being well aware of the defendant's asset, credit, details of the progress, possibility of success, etc., and the defendant's request on August 7, 2008.

shall be nominated.