The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

1. Summary of grounds for appeal;

A. Fact-misunderstanding [2015 High Order 4631] The Defendant used the construction cost that the Defendant received from the victim C as the acquisition fund for the acquisition fund for the E Co., Ltd. (hereinafter “E”), but the Defendant had the intent and ability to complete the instant medical care center by acquiring the said company.

[2015 Highest 7288] 1 criminal facts of Section 1, the defendant's 50 million won, paid by the victim I, is merely business expenses for X ecological pipes construction, and is not related to K doctor's Memorial Project.

2 With respect to the crime of paragraph 2, 30 million won paid by the above injured party was used in accordance with the purpose (the name of business expenses for M development projects) and there was no security that the above injured party's election was guaranteed prior to the public offering.

Although the Defendant did not deceiving the victims, the lower court found the victims guilty of each charges, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts and circumstances acknowledged by evidence duly admitted and investigated by the lower court by asserting that the Defendant was guilty of the facts of the Defendant’s assertion (1) [2015 senior 4631], the Defendant attempted to use it for private purposes, such as corporate acquisition funds, even if the Defendant received the payment of the construction price from the victim C, and thus, the Defendant could fully recognize the fact that the Defendant acquired by deceiving the said victim under the pretext of design cost and construction cost, etc. by deceiving the said victim as if he did not have the intent or ability to complete the senior medical care center normally.

In addition, at the above time, the acquisition of the above company was promoted when the defendant did not secure the E-acquisition fund at all, and it is sufficient that there is no practical plan to complete the elderly medical care center if the above company cannot be acquired.