The judgment below

The guilty portion shall be reversed.

Of the facts charged in the instant case, the loan amount of KRW 170 million around March 12, 2012 is KRW 170 million.

Summary of Grounds for Appeal

A. Defendant 1) In return for the erroneous determination of facts (as to the conviction in the original judgment), the Defendant has invested KRW 300 million from the victim and KRW 1770 million in total, and KRW 470 million in total, from the victim, and in return, the Defendant is E Co., Ltd. (hereinafter “E”).

The lower court found the Defendant guilty of this part of the charges on the sole basis of the victim’s assertion without credibility, even though the Defendant borrowed KRW 300 million as stated in the facts charged, and did not borrow again the victim’s 170 million won as if he were to repay it. However, the lower court erred by misapprehending the facts and affecting the conclusion of the judgment. 2) Even if not, the lower court’s sentencing (one year and two months of imprisonment) is too unreasonable.

B. In full view of the consistent statement made by the victim that the defendant would receive KRW 500 million as the second service charge for erroneous facts (as to the acquittal portion in the original judgment), the second development cost calculation statement corresponding thereto, and the written opinion written by the Korea Design Agency, etc., although the defendant could sufficiently be recognized that he had been provided services equivalent to 500 million won by deceiving the victim to pay the same amount without the intention or ability to pay the service cost. However, the judgment of the court below which acquitted the defendant of fraud about the property interest equivalent to 500 million won of the service cost of this case among the facts charged in this case, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, which affected the conclusion of the judgment.

Judgment

A. As to the Defendant’s assertion of mistake of facts, the summary of this part of the facts charged is a person who actually operates the E Co., Ltd. established for the purpose of running a tourism business from which Hando Water, etc. using a D-shaped passenger ship.

On March 10, 2012, the Defendant, at H office, located in the third floor of the FGG building in Busan, Busan, at H office.