The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

1. Summary of grounds for appeal;

A. Defendant 1) With regard to the fraud against Victim E among the convictions in the judgment of the court below on the erroneous determination of facts, the court below found Defendant guilty of this part of the facts charged, although the Defendant merely used the money borrowed from the above victim for the coffee business of this case and did not deceiving the victim to use the money. The judgment of the court below is erroneous in the misapprehension of facts. 2) The sentencing of the court below is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1) The court below found the defendant guilty of this part of the facts charged, although the defendant could sufficiently recognize the fact by deceiving the victim B and C as stated in this part of the facts charged, and the court below found the defendant not guilty of this part of the facts charged. The judgment of the court below is erroneous in misunderstanding of facts. 2) The sentencing of the court

2. Determination

A. Determination on the Defendant’s assertion of mistake of facts 1) The Defendant’s summary of this part of the crime is D Co., Ltd. (hereinafter “D”) established on March 30, 2012 for the purpose of coffee-related franchise business, etc.

A) The Defendant is the representative director of the G Broadcasting Station located in Jongno-gu Seoul Metropolitan Government on October 201, 201. The Defendant established a company with the victim E and set up a domestic franchise business for “H,” a coffee of Italy (hereinafter “instant coffee business”).

After proposing to the effect that public relations, etc. is helpful in progress, the victim borrowed KRW 12 million from November 201 to December 201 of the same year as business funds.

In the early January 2012, the Defendant, at the vicinity of G Broadcasting Station, concluded that “it is insufficient business funds to establish a company and try to operate the instant coffee business. The sum of money previously loaned to the company is KRW 100 million.”

However, even if the defendant receives money from the victim, he shall pay the money to the defendant.