The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In determining facts, the Defendant merely made an investment in shares under the consent of B prior to the use of KRW 100 million borrowed from the victim for the principal station project, and did not deceiving B or the victim.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. On August 7, 2014, the summary of the facts charged was false to the effect that the Defendant could conduct a gas station business when preparing KRW 100 million to Haman B, and KRW 100 million can be repaid one week. B requested that the victim C, who belongs to the end of the Defendant, would have borrowed KRW 100 million from the victim on or around April 5 of the same month. However, even if the Defendant had planned to invest KRW 100 million with the money, it was not a plan to use the gas station operation and did not have any property, and the Defendant did not have the ability to pay KRW 100 million after one week. On September 7, 2015, the lower court determined that the Defendant would have received KRW 100 million from the victim’s oral transfer to 100 million, and that the Defendant would have received KRW 100 million from the victim’s account in the name of the Defendant, and that the Defendant would have received from the Defendant’s oral transfer to 200 million.