The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-finding misunderstanding (guilty part) 2015 J. 5609 J. 5609, Defendant did not know to the representative G and J of H Co., Ltd as the facts charged, nor did he defraud money.

J Whether a loan of KRW 7 billion may be granted or not

at the end, the defendant does not have sufficient financial resources, and when the Z releases the check whose payment has been suspended, the amount of KRW 7 billion may be claimed.

was made.

J received a loan fee of KRW 500 million in advance, and provided 300 million among them to Z to raise a fund of KRW 7 billion, and distributed the remainder of KRW 200 million between Defendant and Defendant.

In that sense, J has received KRW 300 million from H corporation.

In a false manner, only 300 million won in trust of the horse was received, and only the Z was placed on that place.

B) The Defendant did not have obtained money from the victim J by making a false statement as stated in the facts charged, as in 2015 senior 7008 criminal facts.

2) The punishment of the lower court is heavy.

B. Prosecutor 1) Fact-finding (non-guilty part) The lower court erred by misapprehending the fee agreement.

For reasons that it is difficult to see that the facts charged were acquitted.

However, as long as the victim J has no reason to give free oral argument to the defendant, the defendant has gained pecuniary benefits equivalent to the fees by deceiving the victim J.

It is reasonable to view it.

2) The sentence of the lower court’s unfair sentencing is somewhat weak.

2. Determination

A. The following facts and circumstances are acknowledged, comprehensively taking account of the evidence examined by the lower court at the lower court that found the Defendant’s misunderstanding of facts (1) 2015 high-ranking 5609 high-ranking 5609 high-ranking 1)

(1) E Agricultural Partnership (hereinafter referred to as “E Association”)

H H Co., Ltd. (hereinafter referred to as “H”) operated by G, with a view to constructing a new apartment-type factory in the F Urban Support Facility site.

B was selected as a project implementation agent.

(2) On January 10, 2014, H and E associations shall provide the J with the site deposit, etc. necessary for the said projects between J and J.