The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts and misapprehension of the legal doctrine are cited as grounds for appeal. The misapprehension of the legal principle is erroneous in the misapprehension of the legal principle on fraud, thereby finding the Defendant guilty. In full view of the foregoing, the lower court’s misapprehension of the legal principle on the grounds that the Defendant

The decision shall also be judged.

According to the judgment of the court below, the victim H borrowed money to Co-Defendant A (hereinafter referred to as "A") of the court below, and the defendant borrowed money to the victim for the Pyeongtaek L Project (hereinafter referred to as "Y Lho L Project") and did not commit deception to the victim. The victim H was unable to repay money due to changes in external conditions due to the suspension of business of Daejeon Savings Bank, and there was no criminal intent of defraudation.

2) The punishment of the lower court is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. Summary of the facts charged and the judgment of the court below

A. Around January 2010, the Defendant and A had visited the victim to the “hyeong Lart” located in the vicinity of the Seocho-gu Seoul Seocho subway Station (hereinafter “G”), thereby becoming aware that the Defendant is running the instant Lart business, and that A is working as a director of the said company, the Defendant was unable to raise funds of more than 600 million won, such as restoration expenses, deposit money, tax, etc. to be paid to the head of the relevant company to obtain the aforementioned Lart permission, and the fact was that the instant Lart business was not carried out due to the failure to repay obligations to other creditors and the seizure of the Lart site was not carried out within three months. However, even if it was concealed and that A was aware that it was working as a director of the said company, it was possible to pay the money within three months from the damage.

The author attempted to acquire the borrowed money by deception.

Accordingly, A has already made a project to create a flat L set at the mutual infinite coffee shop located in the Sungnam-si, Sungnam-si, 2010.