A. Defendant 1) Defendant 1 had the capacity to repay, such as possessing a considerable value of equipment at the time of borrowing the instant loan, and thus, he had the intent to commit fraud.

shall not be deemed to exist.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, and the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence of the lower court (ten months of imprisonment, two years of suspended sentence) that is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal on this part, and the lower court rejected the above assertion by providing a detailed statement in its judgment.

In full view of the circumstances in the reasoning of the court below acknowledged by the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by mistake as alleged by the defendant.

Therefore, the defendant's assertion of facts is without merit.

B. A favorable circumstance is that the defendant, who made an unfair determination of each of the unfair sentencing arguments by the defendant and the prosecutor, agreed with the victim in the original trial, and that the defendant has no record of being punished for the same kind of crime.

On the other hand, it is unfavorable that the amount of damage caused by the instant crime was a large of KRW 100 million.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following factors are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, including the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, each of the unlawful arguments in sentencing by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.