The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the error of fact-finding (1) [2012 Highest 4475] fraud, the Defendant works for an insurance company, operated several enterprises, and had the ability to repay, and the victim G and Gangdong-gu Seoul Metropolitan Government K Apartment 104 et al. (104 et al.) K Apartment 104 et al.

ownership in Dongjak-gu Seoul Metropolitan Government Y 4th floor buildings below 'AC building'.

In light of the fact that the court below entered into a contract to exchange the right of operation, and that the defendant has no criminal intent to obtain money borrowed from the victim by depositing KRW 40 million at the court below, and that the defendant has repaid all the borrowed money, etc., the defendant did not have any criminal intent to commit fraud. As the defendant explained the circumstances related to the re-issuance of the passbook or the payment of investment money, he did not have any intention to make a false statement because he did not have any intention to make a false statement because he explained the circumstances related to the re-issuance of the passbook and the payment of investment money, and he did not have any intention to do so. [2012Da4479] 1. The defendant purchased the land borrowed from the victim with the consent of the victim S. (former name AD) and purchased the land of the original owner with KRW 2.5 million per month, and the victim additionally paid KRW 10 million when the victim purchased the above land in China, and considering the fact that the victim had agreed to do so, the defendant did not know the victim's child in his name for 4 U.

B. The Defendant is not less than three years with the victim G and the Defendant.