The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. A prosecutor (misunderstanding of facts, misunderstanding of legal principles, misunderstanding of legal principles, and misunderstanding of legal principles (not guilty part of reasons) deceivings a victim as if he did not have any intent or ability to pay a fraternity, and he was issued KRW 50,000,000 in total to two times as shown in the judgment of the court below, prior to the order of receipt of the fraternity from the injured party, and prior to the order of receipt of the fraternity by the injured party, he was issued KRW 25 and 26.

Therefore, this part of the facts charged can be fully found guilty of the crime of fraud committed by the injured party with the guidance of KRW 50 million.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the Defendant not guilty of this part of the charges.

2) The lower court’s sentence against an unfair defendant in sentencing is too unhued and unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. On December 2015, the summary of the facts charged with the charge of not guilty portion of the reasoning, the Defendant made a false statement to the effect that “The victim G will receive 30% profits per annum as well as principal guarantee, if an investment is made in IT business,” from the F of the Defendant’s operation located in Namyang-si, Namyang-si.”

However, even if the victim received money from the victim, it was not used for the purpose of investing it in the IT business and intended to use it individually, and there was no asset in the name of the defendant in the bad credit standing, and there was no intention or ability to pay the victim the proceeds of the principal guarantee and the promise because of the financial rights and personal debts of approximately KRW 680 million.

The defendant deceivings the victim as above, and thereby deceivings the victim as investment money from the victim, the sum of KRW 50,000,000,000 shall be added twice, as shown in the [Attachment 25] Nos. 25 and 26 of the List of Crimes in the judgment of the court below, on August 13, 2016.