The judgment below

The guilty portion shall be reversed.

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

The judgment below

Part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal principles (the fraud against the victim L and Q, each private document forgery, and each of the above investigation documents) Defendant purchased merchandise coupons from the victim L and Q, sold them, and had the intent or ability to pay the principal and the profits to the above victims, and actually paid money from the above victims to merchandise coupon wholesalers.

From January 2016, the Defendant paid investment or borrowed money to other creditors because he did not receive merchandise coupons from merchandise coupon wholesalers, but purchased merchandise coupons normally prior to that.

B) The Defendant did not borrow KRW 30 million in cash from the victim Q on or around December 4, 2015.

C) The Defendant repaid the victim L with approximately KRW 160 million.

While making a monetary transaction with Q Q, the Defendant received approximately KRW 1.46 billion and repaid approximately KRW 1.17 billion.7 billion.

In addition, the defendant paid some interest and earnings to the victims.

In light of the above circumstances, it is difficult to recognize the criminal intent of fraud for all the money that the defendant received from the above victims.

D) An agreement on lending money or a transfer agreement on equity in the holding of the lower judgment does not constitute a private document as referred to in the crime of forging a private document because the general public cannot be mistaken for a genuine private document in light of its appearance or content.

2) The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) The Defendant mismisunderstanding the facts (not guilty portion in the holding of the lower judgment) remitted money to each of the accounts listed in the list of gambling crimes committed habitually in the judgment of the lower court, which was used on the illegal gambling site at his own account.

The Defendant joined 92 illegal gambling sites as members.

The defendant divided the dialogue between father and the gambling.

The above circumstances.