The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The summary of the lower judgment: Defendant guilty of KRW 1.91 billion per annum No. 1.995 of high 395 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud): Defendant guilty of KRW 90 million per annum No. 2019 of the Defendant’s verdict No. 2019 of the Defendant’s conviction of KRW 444 of high 2019 of high 502 of high 502 of 2020 high 15 of high 2020 and 15 of high 2020 of high 502 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

2. Summary of grounds for appeal;

A. Defendant 1) With the misapprehension of the legal principles and the violation of the rules of evidence (2019 high 395 guilty part), Defendant did not have the intent to acquire the borrowed money by deception since he transferred the ownership to the victim C by means of a transfer security contract, etc. of movable property.

Damage of the victim C was fully recovered.

The court below erred by misapprehending the legal principles as to transfer security, or by misapprehending the rules of evidence, and submitted a statement of the grounds for appeal in violation of the rules of evidence (as to the part on fraud 15, 2020, misunderstanding the facts and misapprehending the legal principles as to the part on fraud 15, which was at the first trial date of November 3, 2020, and withdrawing the assertion of the grounds for appeal in violation of the rules of evidence, by misapprehending the legal principles as to fraud 2020, 15, at the first trial date of November 3, 2020. On January 21, 2021, the court below stated that 20, 2020, 15, at the fourth trial date of January 21, 2021. 2) unfair sentencing of the court below (the imprisonment of two years and six months) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (2019 high 395 high x No. 1) No. 1 annexed year

1. Inasmuch as the Defendant received full remittance of KRW 1 billion from the victim C, fraud is established against the full amount of KRW 1 billion.

Of the above KRW 1 billion, the lower court determined that the crime of fraud was not established with respect to the part that the Defendant paid to the victim C as a prior interest amounting to KRW 90,000,000,000,000.

B) Attached No. 1

2. The victim C who was not guilty of the order remitted KRW 290,000 to the Defendant’s account, and most of the above KRW 290,000 to the Defendant did so.