All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

Since the defendant believed the H's promise to attract overseas funds, there was no intention to commit fraud.

The sentence of the lower court on unreasonable sentencing (fine 10 million won) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The Defendant asserted the same purport in the judgment of the court below, and the court below rejected the judgment on the Defendant’s and defense counsel’s assertion.

In light of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below in light of the circumstances revealed by the court below, it is deemed that the defendant had had had an intention to deception at least at the time of receiving money from the victim, so this part of the defendant's allegation is without merit.

① On April 1, 2011, the Defendant filed a complaint with H in fraud with the Seoul Central District Prosecutors’ Office. On March 28, 2006, H entered the Defendant in Korea around March 28, 2006, around 70% of the amount of USD 30,000, in the form of loans from the Government of the Republic of Korea, and made efforts to invest in domestic real estate development projects, and to delegate the management and management of the development fund to the Defendant. On October 7, 2008, the Defendant concluded a financial service contract with H and around that time, but entered into a financial service contract with H and around that time, it stated that H did not bring about funds promised within one month (Evidence No. 83 of the evidence record), and that H did not bring about funds promised within one month.

The defendant also stated that he was suspected of being unable to raise funds by H in the investigative agency.

② Around December 30, 2008, the Defendant believed H’s horses, and agreed to arrange for a loan of KRW 50 billion to theO within two months, and received KRW 100 million as a fee. Around April 2009, the Defendant did not arrange for a loan to theO because H failed to raise funds. Around December 30, 2009, the Defendant filed a complaint against the Defendant as a fraud, and the Defendant received money from other victims as a fee for arranging a loan.