The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Summary of Reasons for appeal

A. Defendant (misunderstanding of facts) (1) The attraction of investment from the victim F to the victim E was entirely carried out, and the Defendant was not involved in this, and thus, the Defendant did not deceiving the victim.

(2) Although the Defendant had the intent and ability to repay the money received from the injured party through various projects in progress at the time, it was merely a failure to repay the money due to the discontinuance of the project due to unexpected changes in circumstances, the Defendant did not have the intent to obtain the money by fraud.

B. The prosecutor (unlawful in sentencing)’s sentence (one year of imprisonment with prison labor for six months and one year of suspended execution) declared by the court below is too unfilled and unfair.

Judgment

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the fact that the Defendant, as recorded in the facts charged, deceiving the victim directly or through E without intent or ability to repay, thereby deceiving the victim more than twice, 7,1640,00 won.

Therefore, Defendant’s assertion of mistake of facts cannot be accepted.

(1) According to the evidence duly examined and adopted by the lower court, in particular, the statements in the investigation agency of E and H or the prosecutorial statement of the Defendant, and the Defendant’s prosecutorial statement, the following facts are sufficiently recognized: (a) in relation to the defraudation of KRW 40 million on March 30, 2012 by the Defendant, through E, by means of specifically ordering the victim to talk with E, etc.; and (b) in relation to the defraudation of KRW 31640,00,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000

(2) A project relating to L-related to the assertion of the grounds for appeal (i) the preparation date of the “Written Understanding” and “Business Partnership Agreement” shall be September 2012.