All appeals by the defendant and the prosecutor are dismissed.

The defendant who misleads the defendant as to the summary of the grounds for appeal does not deceiving the victim.

The punishment sentenced by the court below (4 years of imprisonment) is too unreasonable.

The misunderstanding of the facts of the prosecutor and the misunderstanding of the legal principles were to pay the Defendant a total of KRW 149 million as shown in [Attachment 2-13] Nos. 2-13 from June 17, 2011 to May 8, 2012.

A statement is made, and the account withdrawal details, the account books prepared by the company's accounting, and the borrowed deed on May 23, 201 is consistent with the victim's statement, so it can be fully recognized that the defendant acquired this part of the amount by fraud.

The court below rejected the victim's statement that corresponds to this part of the facts charged, and there is an error of misunderstanding the facts or misunderstanding the legal principles.

The punishment sentenced by the court below is too uneasible.

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted by the lower court regarding the Defendant’s assertion of misunderstanding of the facts as to the grounds for appeal, the fact that the Defendant, even though he/she did not possess gold and property in Red bean and borrowed money from the injured party, did not have the intent or ability to repay such money, by deceiving the injured party to obtain money or pecuniary gains from the injured party.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of facts alleged by the defendant.

The victim was introduced from the investigative agency to the court of the court below as the re-power holding a large amount of gold and cash against the defendant from P, etc., and the defendant stated that he either disposed of gold in his custody in Hong Congo and Korea, or made a change in his cash, thereby relianceing on and lending large amount of funds, or made a payment on behalf of the defendant for expenses that the defendant needs, which is specific and consistent.