All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. Summary of grounds for appeal;

A. On the first instance judgment 1), the Defendant borrowed KRW 200 million from the injured party for the second 588 case (hereinafter “victim F”) was not false or false as to the purpose of the loan, and there was no fact that the Defendant provided the injured party’s share in D’s investment to D as security.

Even if the defendant offered D's investment shares as security, the actual subject of the loan was not the defendant but D, so D has the intention to repay and the ability, so there is no intention to commit fraud as a whole.

B) On the case of 2018 Godan 2839, the Defendant (victim K) was likely to proceed with the construction of the commercial building as stated in the actual facts charged, and there was a possibility of success in the business, and the P in which the victimized person paid the deposit money for sale by proxy was able to repay it, so there was no intention to commit

C) On September 8, 2010, with regard to the 2018 Highest 3831 case (victim S) (1), the Defendant was guilty of fraud: The Defendant did not have to pay KRW 100 million to the victim within one week since the Defendant did not have any contact with the victim until the victim remitted KRW 100 million.

There is no deception.

The victim takes over the new construction site of the apartment in which the executor is insolvent and the defendant voluntarily lends KRW 100 million to the defendant for the purpose of obtaining profits from the sale after completing the construction work in B which is a major shareholder, not by the defendant's deception.

(2) Fraud on September 17, 2020: The defendant had not provided the victim with outstanding shares as security without being stated in the facts charged, thereby deceiving the victim as stated in the facts charged.

subsection (b) of this section.

Although the defendant had the intent and ability to repay the borrowed money to the victim even at the time of borrowing, it is too difficult to repay due to the failure to proceed with the sale procedure of B shares in the future, and it is not recognized that the criminal intent of defraudation is not recognized.

The victim is insolvent by the executor.