The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The supplementary statement of reasons for appeal that was paid after the expiration of the submission period for the reasons for appeal, which are erroneous of facts or misapprehension of legal principles, shall be determined to the extent of supplement in case of appeal as stated in the reasons

1) A person who actually disbursed KRW 440,615,150 (hereinafter “the instant money”) to C Agricultural Partnership Co., Ltd. operated by the Defendant as indicated in the list of crimes in the attached Form (hereinafter “instant money”) is not KNF, and thus, F cannot be deemed a victim of fraud.

2) Even if the victim was F, in light of the fact that K who actually incurred the instant money was asserting that it was against the Plaintiff as its partner in the civil lawsuit filed by K, Inc. with the Plaintiff, the Defendant merely received all of the instant money as its partner’s gold, including the fact that the Defendant had to convert one part of the money already received as advance payment into an investment under the same business contract, and did not receive as advance payment.

3) Even if the instant money was paid as advance payment, since it was traded under the name of a non-individual C, a transaction was conducted under the name of a non-individual C, the intent or ability to deliver the disturbance must be determined based on C itself.

In addition, the Defendant was able to deliver the eggs at the time of receiving the said money, because the amount equivalent to the advance payment was actually supplied to E, and the sales amount not paid in the course of real estate transactions with F is at least KRW 500 million. Thus, the Defendant had the ability to deliver the eggs at the time of receiving the said money.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. The summary of the facts charged is the representative director of C Agricultural Partnership for the purpose of wholesale and retail business.

On February 2, 2012, the Defendant: (a) at the C Agricultural Partnership Office located in Sincheon-si, Sincheon-si on February 2, 2012, the Defendant: (b) operated the Defendant E (hereinafter “victim E”); (c) “in the Republic of Korea.”