The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the first and second crimes in the judgment of the court below, and the third and fourth crimes in the judgment of the court below.

1. Summary of grounds for appeal;

A. misunderstanding of facts (No. 2012 highest 4237) the Defendant was to operate Q and casino, and received some of the money from Q, and the Defendant’s borrowed money is limited to KRW 10 million on April 27, 2006, and there was no fact that Q deceiving Q to acquire KRW 110 million as stated in the facts constituting the crime in the judgment below.

Nevertheless, the court below found the defendant guilty of this part of the charges by the statement of Q without credibility, and there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

B. Each sentence of the lower court on the grounds of unfair sentencing (the 2-year imprisonment, the 3-year imprisonment, and the 6-month imprisonment) is too unreasonable.

2. Determination

A. On April 3, 2006, the summary of the facts charged 1 of this part of the judgment on the assertion of mistake of facts stated in this part of the facts charged that, around April 3, 2006, the Defendant concluded that, in the S hotel coffee shop located in Gangnam-gu Seoul Metropolitan Government, Q Q would be repaid within one month if he/she lent to the victim Q in an urgent amount of KRW 110 million.

However, there was no intention or ability to repay the money even if the money was borrowed from the victim Q.

Around April 4, 2006, the Defendant deceiving the victim and delivered 50 million won to 50 million won by five cashier’s checks at the above S hotel coffee shop. ② around the seventh day of the same month, the Defendant received KRW 10 million from 10,000 in 10 million in 10 million in 10,000 in 100 in 10,000 in 10,000 in 10 in 10,000 from 11st of the victim’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu around the same month. ③ around the eighth day of the same month, the Defendant received KRW 3 million in 1 million in 30,000 in 1 million in 10,000 in 11st of the victim’s house located in Dongdaemun-gu Seoul, and ④ on the 12th of the same month, 10,000 won in the Defendant’s national bank account with the Defendant’s national bank account on the same day.