The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles have the ability to repay at the time of borrowing money from the victim in 2012 and 2013, provided sufficient collateral, and the Corporation ceased to do so due to the suspension of loan due to I’s unreasonable demand, so the Defendant did not have any criminal intent to acquire money. Therefore, the judgment of the court below that found the Defendant guilty of the borrowed money in 2012 and 2013 was erroneous in misunderstanding of facts and misunderstanding of legal principles. 2) The sentence (one and half years of imprisonment) sentenced by the court below of unfair sentencing is too unreasonable.

B. In light of the fact that the prosecutor Defendant was unable to properly carry out construction works due to the absence of construction cost, used the money borrowed from the victim as bank interest, employee’s monthly wage, and construction-related taxes, and did not use the money as construction cost, thereby deceiving the victim’s use of the borrowed money, and the causal relationship between such deception and the lending of the victim is recognized, the Defendant is deemed to have the criminal intent

Therefore, the judgment of the court below that acquitted the loan funds in 201 is erroneous in the misapprehension of legal principles.

2. Determination

A. Determination of the Prosecutor’s misunderstanding of the facts (the borrowed money in 201) 1) The summary of the facts charged is that the Defendant established for the purpose of real estate development business, etc. (hereinafter “E”).

A) The Defendant is a person who actually operated the instant land. Around January 24, 2011, the Defendant is a victim F, who became aware of in the course of the introduction of a branch seal, and is called “E-owned G land and 17 lots (hereinafter “H land”).

If the construction cost falls short of the construction cost to build and sell a factory site B, it shall be paid with money borrowed from the sale price by completing the construction within three to four months if the construction cost falls short of the construction cost.

“Along with the purport of “the transfer of KRW 200 million from the victim’s belief to the Agricultural Cooperative Account in E’s name on the same day, the transfer of KRW 70 million on March 11, 201, KRW 10 million on March 15, 201, KRW 100 million on March 15, 201, and KRW 200 million on May 23, 201.