The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant did not borrow each money from the damaged party as indicated in the lower judgment, and only invested by the injured party with his/her business partnership with the Defendant to operate the club.

The defendant's statement in the prosecutor's office, such as the statement in the suspect interrogation protocol, is believed to be able to immediately escape from the detention condition, and made a false confession.

Nevertheless, the judgment of the court below which found the defendant guilty on the charges by using the above prosecutor's statement, etc. as evidence is erroneous by mistake of facts.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Summary of the facts charged in this case

A. On September 4, 2014, the Defendant loaned KRW 10 million to the victim D in the vicinity of the front four streets in Daegu-gu, Daegu-dong on September 4, 2014.

A club operated a club in a mixed manner, and the club deposit is 120 million won or more and is 300 million won or more for the premium, so that the club can be fully repaid with the borrowed money because it receives KRW 500 million from the sale.

However, at the time, the Defendant was operating a club with E, F, G, and Dong business, and “I” in the middle-gu H located in Daegu-gu, Daegu-gu, as well as the Defendant had had an intention or ability to repay the club even if he was unable to pay KRW 260 million out of the deposit and premium of KRW 330 million.0 million, the Defendant started operating the club and was under serious financial difficulties. Moreover, the Defendant had no particular property or monthly income and had no ability to pay the amount of KRW 20 million from the injured party even if he borrowed money from the injured party.

As a result, the Defendant, by deceiving the victim, received a remittance of KRW 10 million from the victim on the same day, and received a total of KRW 9,467 million from around that time to October 16, 2014 through the remittance of KRW 10,000,000,000 from around that time.

(b).