Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not have committed deception, such as the fact-finding, at the time of original adjudication with the intention of defraudation, but otherwise, the lower court convicted the Defendant of the facts charged in the instant case, thereby adversely affecting the conclusion of the judgment. 2) The sentence (three years of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts, as follows: ① the Defendant operated S corporation using the waste plastics production technology from around 2003 to 2006 (hereinafter “instant technology”); but the Defendant was in progress with the technology of this case and suspended its business due to low profitability; ② the Defendant explained that the amount of KRW 500 million should be more necessary for E and J to make an investment, and that the investment would be able to be made within 3 to 4 months upon making an investment. Accordingly, even if the Defendant received an investment of KRW 500 million in total from E and J around May 2009, the Defendant did not make any profit until now; ③ the Defendant’s loan of KRW 30 billion to operate a business benefiting from the technology of this case; ③ the Defendant’s loan of KRW 30 billion to 30 billion to 300 billion to 1 billion to 300 billion to 300 billion to 20 billion to 200,000 to 300,000 Industrial Bank.