The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-misunderstanding or legal principles, the Defendant repaid most of the 39 billion won transferred from the victim KG Monog loan loan loan loan loan Co., Ltd. (hereinafter “victim KG Mog loan”), and the remaining amount is merely 3.8 billion won of the Defendant’s personal profit by paying transaction expenses, fees, or other losses, or by paying dividends to investors, etc., and thus, the lower court recognized the entire remitted amount as the amount of defraudation.

B. The sentence sentenced by the lower court is too uneasible and unfair.

2. Determination

A. Judgment 1 on the misunderstanding of the facts or the misapprehension of the legal doctrine 1) In the case of fraud involving the deception of property, if there is a property provision by deception, it itself constitutes a crime of fraud by infringing the victim's property, and a reasonable price has been paid or the amount acquired by deception has been returned later.

Even if the crime of fraud is not affected by the establishment of fraud, even if a part of the fraud has been returned, the fraud amount shall not be the difference between the amount which has been refunded from the damage and the amount which has been given.

According to the judgment of the court below and the evidence duly adopted and examined by the court below (see, e.g., Supreme Court Decisions 2005Do1592, May 27, 2005; 2015Do11090, Oct. 29, 2015) and the court below and the court below, the defendant, although he did not receive an order from consumers as stated in the facts charged of this case, by deceiving the victim KG GG loan Does by submitting a false statement as if they were purchased from other business operators under the order of consumers, and by submitting a false statement as if they were purchased from other business operators, the defendant was found to have received a transfer of the amount of KRW 35,428,164,27, a total of KRW 110, a total of KRW 35,428,277, Oct. 29, 2015; and