The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not less than three years and two months.

1. Summary of grounds for appeal;

A. The Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine is merely a party who enters into a contract with the victim and received money from the victim as the court renders a judgment, and there is no intent of deceiving the Defendant or deceiving the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case and erred by misapprehending the legal principles on fraud, thereby adversely affecting the conclusion of the judgment.

B. In light of the fact that the main leading factor in the crime of sentencing is the J, that the defendant is not the defendant, and that the defendant is the victim of the J, that the defendant is aged and is not good in health, the punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the Defendant, on the ground that he/she was a processing person of J, by deceiving or deceiving at least the victim in collusion with the J at least.

Recognized.

The defendant's assertion of mistake or misunderstanding of legal principles is without merit.

1) The victim did not either met J or lend money to J, but did not lend money to the defendant.

Clearly stated.

AC, a director of the C Co., Ltd. (hereinafter referred to as the “C”), signed the contract with the victim upon the request of the J.

Although this statement was made by the Defendant, the victim and the party who borrowed the investment attraction fund under the name of the agreement to invest approximately 200 million US dollars in the development project and the name of the lender who borrowed the investment attraction fund was operated by the Defendant.

Most of the victims received money was the passbook in C's name.

The defendant shows the balance certificate issued by the HSBC bank and the balance certificate issued by the Seoul branch of the Chinese bank to the victim, and the funds from the victim.