The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The fraud related to the borrowed money (criminal facts 1) ① The amount of damage is KRW 88 million in relation to the net 3 times in the crime sight table (1). Among them, some of the amount was paid by the fraternity and the amount received by the borrowed money was already paid.

② The amount of damage is KRW 30 million in relation to the net 4 times in crime sight table (1). The amount actually received by the Defendant is limited to KRW 25.5 million, and among them, KRW 10.8 million is not borrowed but paid in money, and thus, it cannot be punished as a crime of fraud.

③ In relation to the list of crimes (1) net five times, 4,8750,000 won was paid in advance, not in borrowed money, but in full.

2) In relation to the fraud of an advance payment (criminal facts 2), the victim did not pay the advance payment due to the failure to pay the advance payment. Since 46.5 million won out of the total advance payment of KRW 117.6 million was paid to the victim, there is a criminal intent to obtain the advance payment from the defendant.

shall not be deemed to exist.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the crime list (1) No. 3 times in the net crime list (1) in the court below, i.e., ① the victim has come from the investigative agency to the court below, from the investigation agency to the court below.

At the same time, 80,000 won was loaned by lending money to the purchase fund as required.

consistently stated (Evidence No. 10, 467 of the evidence record, page 54 of the trial record), and ② According to the account records of the victim, the victim from May 18, 2012.

8. It can be recognized that a sum of KRW 86,20,000 has been lent up to 14. (See evidence records Nos. 293 through 296, however, according to financial transaction records, the victim is over the said period.