The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant is punished by imprisonment for a period of two years and eight months.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant did not deceiving the victim D as stated in the facts charged, and received money from the said victim for the purpose of making an actual investment, but it was impossible to pay the proceeds because the C-S project did not run properly, unlike the initial plan, so there was no intention to commit the crime of defraudation. 2) 2017Kadan2868, the facts charged in the instant case No. 2-b.

In relation to the claim, the Defendant was aware of the said money as the money of the victim D, and was unaware of the victim K, L, M, N,O, P, Q, R, S, and T (hereinafter collectively referred to as “victim K, etc.”), and thus, the Defendant did not deceiving the victims and did not receive money for the actual purpose of investment, but did not proceed with the first plan, and thus, the Defendant did not intend to commit fraud as to the said money.

3) Since the victim X explained that the financial situation of the defendant at the time of borrowing was not good, there was no fact that the defendant deceivings the victim. 4) There was no fact that the victim AD had committed deception, such as the facts charged, and the victim B did not have any speech, and therefore the fraudulent act cannot be recognized.

In addition, unlike the initial plan for the above victims, since it is not possible to pay the profits because the C&S business has not run properly, there is no intention to commit fraud.

B. Meritorious legal principles 2017 high-ranking2868 Of the facts charged No. 2-B

In relation to paragraph (1), since D cannot be deemed to have served as the defendant's tool, it cannot be deemed that the defendant committed the above part of crime as an indirect offender.

C. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Determination of the assertion of mistake of facts 1) The following circumstances, i.e., the evidence duly adopted and investigated by this court concerning the defendant's assertion 1) are acknowledged.