All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant merely borrowed KRW 100 million from the injured party, and did not receive money from the misunderstanding of the facts.

Nevertheless, the court below erred in finding a guilty of 100 million won of the facts charged in the instant case by misunderstanding the facts and deceiving 100 million won for teaching.

(2) The sentence of the lower court’s improper sentencing (an amount of KRW 15 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant was granted the said money under the name of teaching professor at the Gwangju University C, not merely borrowing KRW 100 million from the injured party.

Therefore, the defendant's above assertion is without merit.

① The credibility of the victim’s statement that corresponds to the facts charged is recognized as detailed to the extent that it is impossible to make a statement if the investigative agency is not only consistent in the important part until the original trial but also does not directly undergo it.

② At the time of the instant case, the Defendant was in office as an instructor of the department C of the newly established Gwangju University, and the victim was seeking to reside in Gwangju and appoint a professor.

The defendant first requested E to be responsible for the recruitment and lectures of students, which is not school personnel or assistant instructors, and E also thought to such purport and introduced the victim to the defendant, and the victim seems to have understood to the same purport and met the defendant.

③ Even though the victim and the Defendant were in the sameO driving school in the past, there was no particular exchange until the time of the instant case, the victim was within the range of one to two months after the date of the instant case.