The convicted part of the judgment of the court of first instance, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. A. On December 30, 2011, the Defendant: (a) around December 30, 201, committed fraud of the borrowed money; (b) from around December 2011, the Defendant sent the borrowed money to the victim 18 times in 2.7.6 million won per month. The Defendant, even though he had the intent to pay the borrowed money at the time of the said deception as stated in the facts charged, was found guilty of the Defendant’s fraud; (c) around April 2012, there was an error of law by mistake of facts; (d) around April 2012, the Defendant committed fraud of KRW 150 million with the borrowed money; and (d) on April 2012, the Defendant borrowed KRW 150 million from the victim.

Nevertheless, it is erroneous for the court of first instance to find guilty of the above fraud.

B. The first instance sentencing (five years of imprisonment) on the accused is too unreasonable.

2. Determination

A. Before determining the grounds for appeal for ex officio determination, the prosecutor examined the following: (a) the first instance court’s 2014da7408 of the facts charged in the case No. 2-B of the first instance court’s 2014da7408; and (b) the part of the 2-B of the 2012.

- 2) A) A motion was made to change the indictment to the part of paragraph (1), and this Court permitted this to change the subject of the judgment.

Meanwhile, since the revised facts charged and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the entire conviction part in the judgment of the first instance cannot be maintained.

However, despite the above reasons for ex officio destruction, the defendant's argument about mistake of facts is still subject to the judgment of this court, and this is examined below.

B. (1) On December 30, 2011, the summary of the facts charged against the Defendant’s assertion of mistake of facts or misapprehension of legal principles (a) the Defendant subscribed to a fraternity operated by the victim H on behalf of the Defendant (the period between December 30, 201 and December 30, 2014) around December 30, 201, on behalf of the Defendant.