The judgment below

Part excluding an application for compensation order among those shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Fact-finding (1) As to the facts constituting the crime of paragraph (1) of the judgment below, the Defendant concluded a partnership contract with the victim, and subsequently requested the victim to lend KRW 120 million to the victim in order to purchase the excavation season at the L sand gathering site, and the victim also lent KRW 100 million on August 31, 2011. The Defendant did not deceiving the victim as to this part of the facts charged, and there was no fact that the Defendant received KRW 100 million from the victim in cash on September 1, 201, and the Defendant did not receive KRW 20 million on the above date.

(2) As to the crime No. 2 of the judgment of the court below, the defendant received 20 million won from the victim on September 21, 2011, as to the crime No. 2 of the judgment below, from the victim on September 21, 201, the remainder of KRW 100 million received out of the amount of KRW 120 million, which the victim agreed to lend, is limited.

(3) As to the crime No. 3 of the facts charged in the judgment below, the amount of KRW 38 million as stated in this part of the facts charged is required for the operation of Ltotop sand gathering site, and the victim was in a business relationship with the defendant, and was in a management of money for earth and sand sales, paid the money to be paid as a matter of course from the sales at Ltop gathering site. It is not that the defendant borrowed the above money from the victim as stated in the facts charged

(4) The KRW 100 million paid to F with respect to the facts constituting the crime of the lower judgment as indicated in the lower judgment was hindered in the operation of the above earth and sand gathering area on the grounds that F did not pay KRW 100 million for L sand gathering right, and the victim who was in a business relationship with the Defendant at the time was paid to exclude F, and the Defendant did not borrow KRW 100 million by deceiving the victim as stated in this part of the facts charged.

B. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's ground of appeal is erroneous, among the reasons for appeal, as to whether the defendant and the victim D have a partnership relationship.