All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to the fraud against the victim D, there was a fact that the Defendant borrowed KRW 100 million from the victim D, but the Defendant was constructing “C” lending (hereinafter “C”) at the time. The above lending was 3 Dong 44, and the sale in units was approximately KRW 5.5 billion, so if the sale in units was well performed, the Defendant had the ability to repay the obligation to the victim D and had the intent to repay the obligation to the victim. Thus, there was no intention to commit the crime of defraudation.

B) As to the fraud against the victim F, although the Defendant borrowed KRW 52,950,00 from the victim F, the Defendant did not borrow KRW 71,110,00 from the victim F as stated in the facts charged, and there is no intention to commit fraud because he/she had the intent and ability to repay KRW 529,000,000 from the victim F, and therefore there is no intention to commit fraud. 2) The imprisonment (one year and six months of imprisonment) imposed by the lower court against the Defendant is too unreasonable.

B. The Prosecutor 1’s sentence imposed by the lower court on the Defendant is too uneasible and unfair.

2. Judgment on the defendant's assertion of mistake of facts

A. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below regarding the fraud of the victim D. In other words, the defendant, at the time, was performing the construction of the loan of this case only with the loan of this case without his own capital, and there was no asset to the extent that he was able to pay a large amount of debt, and thus, there was no way to repay the loan of this case to the creditor, except for the transfer of fixed income or the sale of the loan of this case under the name of payment in kind. In fact, the defendant was to pay a large portion of the above loan to the constructor, etc.