The judgment below

The guilty portion shall be reversed.

The Defendant is not guilty. The prosecutor of the lower judgment regarding the acquittal.

1. Summary of grounds for appeal;

A. Error of fact 1) At the time of March 4, 2010 when the Defendant borrowed money from the victim (hereinafter “the time of the instant loan”).

(F) The Defendant’s Fund for the Bank of Bankruptcy (hereinafter “F”).

) The Urban Residential Housing Construction Project (hereinafter referred to as the “instant Project”) on the land outside Dongjak-gu Seoul Metropolitan Government and 26 lots implemented by it;

2) The Defendant had the intent and ability to repay, in full view of the prosecutor’s victim, N, M, etc.’s respective statements, and the security value and loan amount of the Dongjak-gu Seoul Metropolitan Government Land and Building (hereinafter “instant real estate”)’s G land and building (hereinafter “instant real estate”), as the V decided to complete the responsibility for the completion of the instant real estate, and the Korea-do securities gave positive answers to the possibility of the loan of KRW 17 billion.

B. The Defendant appealed respectively on the ground that the lower court’s punishment is too unreasonable, on the ground that the Defendant was too uneasible and unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts in the judgment of the court below

In the office, the victim K made a false statement to the effect that “The redevelopment project is conducted for the land and building purchase funds within the business area is insufficient while operating the city event. If 1.2 billion won is lent from the construction company and the bank, it is possible to obtain a loan of KRW 2 billion out of the land price within three months from the construction company and the bank.”

However, at the time, the defendant did not properly proceed with redevelopment projects, such as land purchase, due to the shortage of funds.