The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding four million won.

Defendant.

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts (hereinafter “Fraud”) is recognized as having the criminal intent of defraudation since the Defendant did not have the ability to repay and intent to repay KRW 300 million when the Defendant borrowed advance payment from the victim. Nevertheless, the lower court determined and sentenced the Defendant not guilty on the basis of whether the Defendant intentionally changed the account to be deposited from the M bank account to the R bank account, and sentenced the Defendant not guilty. In so determining, the lower court erred by misapprehending the above facts. 2) The sentence of imprisonment (two years of suspended execution and five million won of fine) sentenced by the lower court of unfair sentencing is too uneasible.

B. The above sentence imposed by the court below is too unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts (based on fraud), the lower court, based on the evidence submitted by the prosecutor, had the intent to acquire 300 million won from the victim at the time of borrowing from the victim.

The lower court acquitted the Defendant of fraud among the facts charged in the instant case on the ground that it is difficult to readily conclude that either the intent of repayment or the ability to perform was

A thorough examination of the materials submitted in the trial proceedings of this case, and the judgment of the court below not guilty of this part of the facts charged on the grounds as stated in its reasoning is just and acceptable, and there is no error of law by mistake of facts.

Therefore, this part of the prosecutor's argument is without merit.

B. The prosecutor and the defendant's assertion of unfair sentencing against each of the victimized workers, including the fact that the victimized workers were distributed in the relevant execution procedure or the overdue wages and retirement allowances paid by C to the victimized workers by C are deemed to reach about KRW 320 million, and the amount of the unpaid workers' wages and retirement allowances, and the defendant's wages and retirement allowances.