The judgment of the court below is reversed.

The defendant shall be innocent.

1. The summary of the grounds for appeal 1) Although the defendant misunderstanding the fact that he borrowed a sum of KRW 15 million to the victim, the defendant did not deceiving the victim as stated in the facts charged of this case, thereby deceiving the victim.

2) The sentence of the lower court (six months of imprisonment, two years of suspended execution) which is unfair in sentencing is too unreasonable.

2. (1) On February 29, 2012, the summary of the facts charged in the instant case (i) around February 29, 2012, the Defendant: (a) around February 29, 2012, lent money to the Victim C to grant interest on two occasions a month; and (b) paid money in one month.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no intention or ability to pay the amount normally even if he borrowed the amount of money from the victim due to the failure to pay wages and taxes to the employees in excess of KRW 70 million, and there was no fixed profit.

After all, the Defendant, as seen above, was accused of the victim, and received 4.5 million won from the account under the name of the Defendant to the victim.

(2) On March 2013, the Defendant, around March 2013, planned to enter into an external doping advertisement contract with the victim C at the office of the F Co., Ltd. (hereinafter “Defendant Company”) operated by the Defendant located in Seongdong-gu Seoul Metropolitan Government (hereinafter “Defendant Company”) around March 2013.

It is expected that all the borrowed money will be repaid even if it is previously borrowed, because it is possible to proceed with work between one month and 25 million won.

The phrase “ makes a false statement.”

However, in fact, the defendant was merely a stage of reviewing the external doping advertising plan with G officials in charge of G and selective vehicles, and there was no discussion about concluding the advertising contract.

Ultimately, the Defendant, by deceiving the victim as above and deceiving the victim, transferred KRW 500,000 to the national bank account under the name of the Defendant, KRW 500,000 on March 11, 2013, KRW 500,000 on March 14, 201, and KRW 5 million on March 21, 201.

2) The lower court’s determination is as follows.