The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. In fact, the Defendant, at the request of I, borrowed 100 million won a loan No. 100 million won per annum of the crime list as indicated in the judgment below, from the first place at the Defendant’s meeting, the Defendant first borrowed the victim from H’s use fund of H Co., Ltd. which was a nominal representative, and fully repaid the loan through H, the actual user of the loan. As to the remainder of the loan Nos. 2 to 5, the victim was well aware of the Defendant’s financial condition and the operation status of the crowdfunding, etc., but the victim was well aware of the Defendant’s financial condition and the victim was to make an investment of KRW 50 million in the corporation V, which is a major shareholder, and the Defendant did not deceiving the victim or the victim with respect to the above loan, the judgment of the court below which found the Defendant guilty of the crime of fraud is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

B. The sentence of the lower court (three years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. The judgment of the court below as to the assertion of mistake of facts, and the defendant argued the same purport as the assertion of mistake of the above facts, and the court below rejected the defendant's assertion in detail. The court below is based on the judgment of the court below, and the following circumstances revealed in light of the evidence duly adopted and examined by the court below as well as the statement of the trial court at G, namely, ① the defendant entered into an investment agreement on the establishment of K with Company V operated by I and the representative director even though he was under way to pressure the funds of the wedding hall operated by the defendant, and was in charge of the representative director, but he borrowed KRW 100 million from G for the operation of the wedding hall. ② The defendant borrowed KRW 100 million from G for the operation of the wedding hall, as the funds for the establishment of H by L Co., Ltd. after introduction, and ② the transfer of this case was large (G's statement, 3.6 billion won.