A. In fact, the Defendant: (a) was aware of the nominal owner of the passbook who received a loan under his own name; and (b) did not intend to borrow the loan under C and the victim’s name and obtain the loan; and (c) did not intend to acquire the loan by fraud.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below: ① the Defendant lent approximately KRW 27 million borrowed from his own son to C; ② the Defendant was urged to pay the loan due to failure to receive the loan from C; ② the Defendant was in need of a passbook in the name of another in order to obtain the loan from the lending enterprise; and the Defendant requested the Defendant to provide a passbook in the name of another in the name of the victim by receiving the loan from the victim under the name of C; ③ the victim accepted the loan and introduced the Defendant to C, and ③ the victim received the loan from a male on July 13, 2016, and received the loan from the victim and received the loan from the Defendant on the same date, and ④ the Defendant was given the loan from the Defendant under the name of “Ophone” on the same date, and ④ the Defendant was given the loan from the Defendant under the name of 30% on its own account.