All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. Fact-finding Do, victim L, and network R had invested KRW 1 billion in the commercial building of this case at the time of misunderstanding of facts (as to fraud caused by defraudation of KRW 48 million in the name of corporate acquisition fund). Since the Defendant had been preparing for business by acquiring the commercial building of this case thereafter, the Defendant did not participate in the trade of KRW 50 million, the lower court recognized the Defendant as a joint principal offender for the crime of fraud of this part.

B. The punishment of the court below's unfair sentencing (the first instance court: imprisonment of one year and two months, and the second instance court: imprisonment of 10 months) is too unreasonable.

2. Determination:

가. 법인 인수자금 명목 4,800만 원 편취로 인한 사기의 점에 관한 판단 ⒧ 피고인의 사실 오인 주장에 대한 판단 원심 및 당 심이 적법하게 채택하여 조사한 증거들에 의하여 알 수 있는 다음과 같은 사정들을 종합하면, 피고인이 H와 공모하여 피해 자로부터 금원을 편취한 사실을 충분히 인정할 수 있으므로, 피고 인의 위 주장은 이유 없다.

(1) The defendant was in a state of suspension of work on or around June 2013.

It stated to the effect that “The victim, who was an investment in money in the remodeling project of the K building, may resume remodeling construction by investing the money in the K building,” and that “it is possible to resume remodeling construction to receive a loan from the Seoul Guarantee Insurance, by acquiring a new corporation,” and that “50 million won within the limit of 50 million won” were “it is possible to resume remodeling construction by acquiring a new corporation.”

② On September 2, 2013, the Defendant sent KRW 500,000 to the Agricultural Cooperative Account in the name of AL known by the Defendant on September 2, 2013, stating that “Around September 2, 2013,” and “around 5,000,000 won is required to obtain a loan of KRW 400,000 from Seoul Guarantee Insurance.”

(3) The defendant shall be sentenced to the punishment of H, victim and victim around September 2013.