All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to the Defendant’s fraud of KRW 10 million against X around September 201 against the victim of erroneous determination of facts, the Defendant: (a) provided that the Defendant would repay KRW 10 million to X after three months after borrowing KRW 10 million from the victim; (b) although the Defendant borrowed KRW 100 million from X as collateral and was planned to use it for the repayment of an existing obligation, the Defendant, even though he was able to evade the payment of KRW 10 million, by deceiving the victim’s ability to pay, and by deceiving the Defendant of KRW 10 million within three months; (c) however, the lower court acquitted the Defendant of this part of the facts charged, in so determining, there is an error of mistake of facts.

(2) The sentence sentenced by the lower court on unreasonable sentencing (ten months of imprisonment, two years of suspended execution, and community service order) is unreasonable.

B. Defendant (1) misunderstanding of facts was not only the victim D and I’s claim for reimbursement, but also the other third parties’ claim for reimbursement, etc., and the one million won that was received from the victim H was returned to H, but the judgment of the court below convicting the Defendant of this part of the charges is erroneous in the misapprehension of facts.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing is excessively unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. Of the facts charged in the instant case, the lower court determined as follows: (a) as to the fraud of KRW 10 million against the victim D around September 201; (b) as the Defendant lent KRW 10 million to the victim D, around September 201, the Defendant was actually preparing for the instant restaurant opening business; (c) the Defendant’s loan of KRW 10 million was fully used for the instant restaurant opening expenses; and (c) the Defendant opened the instant restaurant opening the restaurant around October 31, 201; and (d) most of the property and most of the property used to raise the premium and deposit of the said restaurant.