The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of four years, by a fine of twenty million won,00,000 won (two hundred billion won).

The defendant above.

1. Summary of grounds for appeal;

A. A. (1) Of the facts charged in this case of mistake of facts, the part which the lower court acquitted the Defendant among the charges of fraud against victim B (the part which the lower court acquitted the Defendant of KRW 145,625,00 among the charges of fraud against victim B) may be found guilty of fraud according to the statements made by the victim B police. However, the lower court acquitted the Defendant of this part of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) Of the facts charged in the instant case, the lower court determined that the Defendant did not constitute forgery or alteration of a check under Article 5 of the Illegal Check Control Act, but constitutes a crime of forging and uttering of securities under Articles 214(2) and (1), and 217 of the Criminal Act, and found the Defendant guilty of the charge of forging and uttering of securities.

The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

(3) As seen earlier, the lower court’s punishment against the Defendant is too unreasonable in light of the following: (a) additional fraud is recognized; (b) the victim’s damage was not recovered even though the defrauded was a large amount; and (c) the Defendant escaped abroad for a long period of time from the punishment damage.

B. The sentence of the lower court (the imprisonment of five years, the fine of 400,000,000 won) is too unreasonable.

2. Determination

A. The judgment of the prosecutor's assertion (1) is based on the circumstance that the victim B's statement was reversed by the prosecutor's office, and the victim B's statement alone is deceiving the victim B as stated in this part of the facts charged. The part that exceeds 47 million won is acquired by deceiving the victim B as stated in this part of the facts charged.