All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a fine of KRW 15 million) is too unhued and unreasonable.

B. As to Defendant (1) 1’s mistake of mistake of facts, the victim F (hereinafter “victim”) made a statement that D is liable by requesting D’s discount of bill at the lower court, and that D’s intent was a discount of electronic bills, and that there was no causal link between Defendant’s ability to pay back and the victim’s disposal, and there was no intent to commit fraud by the Defendant.

Next, with respect to fraud of the discounted amount of a check, the defendant was not liable for a default on the check at the request of MM discount, and the defendant believed this and asked the victim to discount the check. Therefore, the defendant did not have any intention to commit fraud.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances recognized by the lower court’s duly adopted and investigated evidence regarding the Defendant’s assertion of mistake of facts, the Defendant is sufficiently recognized to have had a criminal intent to commit each of the instant fraud, and thus, the Defendant’s assertion of mistake of facts is not acceptable.

① At the time of the interrogation of the suspect by the prosecution against the Defendant, the victim: (a) at the time of the interrogation of the suspect, the victim paid the victim the discount of the bill of this case, stating that “if the Defendant has paid the discount of the bill including the said money, the Defendant will pay the said money later; and (b) transferred the amount of KRW 48 million to the account under the name of the J (J) in the name of the Defendant’s management; and (c) thereafter, the Defendant directly transferred the amount of KRW 12 million to the account under the name of D.