The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. Error of facts and misunderstanding of legal principles 1) KRW 22 million remitted as of June 14, 2013 (attached Form 1 of the judgment of the court of original instance) is the victim C Co., Ltd. (hereinafter “D”).

(2) Even though the above money is part of KRW 1 billion agreed to invest and is not the money loaned to the Defendant, the court below found the above money as a loan to the Defendant and found the Defendant guilty of this part of the facts charged, there is an error of misunderstanding of facts in the judgment of the court below. (2) Even if the above 22 million won is considered as a loan, in judging the intention of defraudation, it is necessary to examine the ability of repayment and the intent of repayment as of the time of borrowing. However, at the time of borrowing the above 22 million won, the Defendant had the ability to repay the above money to the Defendant, such as the deposit of the investment amount of KRW 2 billion in D account

In addition, the defendant borrowed 16 million won in relation to the operation of D from the victim (the list of crimes Nos. 2 through 6 in the judgment of the court below), and 17 million won in relation to the operation of X Co., Ltd. (hereinafter "X"), and was unable to repay it. However, at the time of the above borrowing, the defendant had the ability to repay and had the intent to repay, and the situation was that the defendant failed to repay due to the business failure after the loan was made. Therefore, the defendant did not have the intention to acquire the above borrowed money under the civil law, even though he is liable to settle the civil law.

Nevertheless, the judgment of the court below which convicted all of the facts charged of this case is erroneous in misconception of facts or misapprehending legal principles.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment with prison labor for each crime Nos. 1 through 5 of the table of crime in the attached Table of the original judgment, and six crimes No. 6 of the same crime list, and one month of imprisonment with prison labor for each crime No. 7 or 9 of the same crime list) is too unreasonable.

2. Determination

A. misunderstanding of facts and misapprehension of legal principles.