A. If the Defendants were to take into account the contents notified to H, the management status of the mushroom plant at the time, and the details of transactions between the Defendants, etc., the Defendants could be recognized as deceiving the Defendants by deceiving them as if they were able to operate the mushroom cultivation project and repay the said money.

B. When considering the public bid relationship between the Defendants, which is recognized through the details of the transaction between the Defendants, there is credibility in Defendant B’s statement, and there is no credibility in the I’s statement, so the Defendants may be acknowledged to have prepared a credit transaction application and a joint and several surety application with respect to KRW 130 million without permission from H and acquired the said money.

2. Determination

A. The lower court appropriately explained the part concerning the defraudation of KRW 20 million, as stated in its reasoning, ① “H, even though the Defendants thought to obtain a loan by using the documents that they obtained from themselves, belonged to themselves as if they merely establish a company in their own name.

Although Defendant A was aware that he was a person with bad credit standing from the beginning, there was a deception.

It is difficult to see that Defendant B introduced H in a de facto marital relationship to Defendant A, thereby receiving a fixed amount of money in return for borrowing the name of the representative director of the company, and did not participate in the management of the company. Thus, Defendant B was in a public contest relationship with Defendant A.

Defendant A received KRW 20 million from H, and on July 3, 2012, Defendant A purchased a factory and factory site in the name of the company that established H as its representative director, and performed a construction work to remodel the existing factory for mushroom growing purposes. On July 5, 2013, Defendant A received investment KRW 150 million for mushroom growing projects from M and implemented the mushroom growing project specifically for a considerable period of time.

In full view of these circumstances, Defendant A received KRW 20 million from H.