The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

According to the evidence submitted by the prosecutor, the defendant can be acknowledged as having no intention or ability to repay or return borrowed funds or invested funds to the victim, as stated in each of the facts charged in this case.

Nevertheless, the judgment of the court below that acquitted the defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

Judgment

On November 20, 2012, at the trial of the court, the prosecutor applied for the amendment of the indictment with regard to the act of fraud as follows. Since this court permitted it and changed the subject of the judgment, the judgment of the court below on November 20, 2012, the point of fraud in the judgment of the court below was no longer maintained.

[B] On November 20, 2012, the Defendant paid KRW 20 million to the victim C at a lease office located in Jung-gu Seoul Metropolitan Government on November 201, 2012 (hereinafter “F”) and the Defendant loaned KRW 15 million to the victim C as it is necessary to operate expenses. On the loan of money, the Defendant agreed to receive operating expenses of KRW 50 million from F Co., Ltd. (hereinafter “F”) (hereinafter “F”). Accordingly, the Defendant would preferentially pay KRW 20 million until February 28, 2013 and would also pay KRW 10 million investment proceeds until May 31, 2013.

“The phrase “ was false.”

However, the above KRW 50 million at the time was not paid as operating expenses, but as part of the performance bond of KRW 150,000,000,000,000,000,000,000,000,000,0000,000 won, which the Defendant lent from I to F, was to be returned only when the Defendant completed the financing of the project cost, and thus, it was unclear whether it could be returned to the victim at the time of the promise of the victim. Even if the Defendant received the above KRW 50,00,00,000,00,000 from the Defendant’s employees of the sales office, it was difficult for the Defendant at the time to have