The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On November 26, 2014, the Defendant: (a) did not know the victim at all at the time when the loan certificate of this case was drawn up; and (b) the victim did not forward money to G account in the name of G as indicated in the instant loan certificate.

In addition, the defendant signed the loan certificate of this case as the guarantor upon the request of A and B.

Therefore, there was no intention to acquire 50 million won from the injured party in collusion with A and B.

Moreover, all the money received from the injured party through A was deposited into the G corporation account and consumed in relation to the corporation operation.

Nevertheless, the defendant committed the crime of fraud in collusion with A and B.

The lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence and eight hours of community service order in October) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① the victim transferred 50 million won to the account under the name of E Co., Ltd. on November 26, 2014, which was actually used in delivery to the Defendant’s side (Evidence No. 173, 178, 179 of the evidence record), ② the Defendant signed as a joint guarantor on the loan symptoms of the above 50 million won (Evidence No. 82 of the evidence record), ③ the Defendant integrated the amount of KRW 11 billion to A in relation to the acquisition of a hotel (Evidence No. 82 of the evidence record), and ③ The Defendant sought money to correct this.

“The fact that the Defendant told “” (Evidence No. 175 page), and (4) the Defendant had talked to the effect that “the Defendant was able to provide funds to the victim who was able to keep the victim from running the business in the investigative agency, and that “the project is being carried out immediately, by raising funds,” the victim who was able to keep the victim out of the business.

The statement (Evidence Record 178 pages), and 5. The defendant as the head of G's headquarters, has a total of KRW 2,000 liabilities, such as bank loans and accrued construction costs at the time when G, as the head of G.