The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. Although the Defendant, around April 2005, borrowed KRW 100 million from the victim, the Defendant had already been paid KRW 100 million as he transferred some shares of the instant entertainment room to the victim and agreed to operate the said entertainment room with the victim to operate the said entertainment room. Even if not, the Defendant had the intention and ability to repay the above KRW 100 million because he had the income through the instant entertainment room business at the time of the said borrowing, and had the spouse’s real property, etc., and thus, the Defendant had no intention to commit fraud.

On the other hand, the defendant received KRW 10 million from the victim around January 2006, but it was not borrowed, but received from the victim who operated with the defendant as above as operating expenses of the entertainment room of this case.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. A. Around April 7, 2005, the summary of the facts charged in the instant case, the Defendant defraudation of KRW 100 million by fraud was made to the effect that, around April 7, 2005, at the “C” entertainment room operated by the Defendant on the first floor of the public building in the public building in the public building in the public building in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongbuk-gu, the Defendant would make a false statement to the effect that, “I would make a repayment to the victim only once the amount of KRW 1 billion is insufficient to operate the public entertainment room

However, in fact, from January 27, 2005, the Defendant operated a entertainment room with the trade name "C" in the Heungdong-gu Seoul Metropolitan City building B, Chungcheongnam-gu, Chungcheongnam-gu. However, the Defendant had to pay the investment amount of KRW 70 million to E, which is the investor, and the amount equivalent to KRW 535 million has to be returned to E, which is the investor. In addition, around July 16, 2004, the Defendant had already been in progress an auction procedure against the above building, and the said entertainment room was an investigation agency’s illegal entertainment room.