The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, the Defendant had sufficient working ability necessary for the tourist hotel development project at the time of receiving investment or loan of money from the victim D, and had changed ability and intent of repayment, and the victim was well aware of the financial situation of the Defendant by participating in the hotel business of the Defendant.

After obtaining a new hotel construction permit, the Defendant made every effort to successful business and repay borrowed money to the victims by selling the right to permit the business to others and making efforts to repay borrowed money to the victims.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

B. The punishment of the lower court’s unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion of misunderstanding of facts and misapprehension of legal doctrine, and the lower court rejected it and found the Defendant guilty of the instant facts charged.

In light of the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, the judgment of the court below is just and there is no error of law by misunderstanding the facts and misunderstanding the legal principles.

① At the time when the Defendant borrowed money from the injured party, the Defendant was in bad credit standing, did not have any particular property in his/her name, and there was a obligation to lend money to the bank under the name of the Defendant’s father and other family members.

Therefore, the Defendant did not have sufficient means to repay money from the injured party at the time of borrowing money, and it seems that the Defendant did not have any plans to pay money to the injured party with the exception of securing development benefits with success in the hotel business of this case.

② The Defendant established and operated I to promote the instant hotel business.

The employees working in the Bank I shall be in total to the defendant, the defendant, the defendant, and the victim.