The guilty part of the judgment of the first instance and the part of the judgment of the second instance are reversed.

Defendant shall be punished by imprisonment for three years.

Summary of Grounds for Appeal

Defendant

(1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each fraud in the judgment of the court of first instance among the judgment of the court of first instance on the misunderstanding of facts, the Defendant established L (hereinafter “instant company”) with M, AI, AJ, AC, etc. for the development of the O Twit (hereinafter “the instant resort development”), and entered into a contract with the Korea Asset Trust Co., Ltd. (hereinafter “trust”) for the “fund management agency” with the Korea Asset Trust Co., Ltd. (hereinafter “trust”), but the instant resort development was not carried out normally due to the failure to obtain funds from Bohae Savings Bank, and the instant resort development was not carried out normally.

In addition, although the defendant intended to obtain a loan as security in relation to R&A or acquisition and to pay the purchase price, it did not make the loan to the effect that it did not have been made, it did not pay the loan to the victim P due to the waiver of the contract of sale and purchase.

Therefore, even though the defendant did not have a criminal intent to defraud money by deceiving the victims of this case, the court of first instance erred by misunderstanding facts and adversely affecting the conclusion of the judgment.

Even if the defendant is found guilty of the defendant, considering the fact that the defendant agreed smoothly with the victims, the age and health conditions of the defendant, etc., the sentence of the first instance court (one year and six months of imprisonment) against the defendant is too unreasonable.

The prosecutor (with regard to the second judgment of the court below), compared to the amount acquired by the defendant, the sentence of the second court (one month of imprisonment) is too unfford and unfair.

Judgment

Before the argument of unfair sentencing by the defendant and the prosecutor, the defendant and the prosecutor decided to jointly examine each appeal case filed by the defendant and the prosecutor in the trial. Each of the crimes in the first and second trials against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act.