The guilty part and the part of not guilty as to the fraud against No. 13,34 per annum of the crime sight table.

A. Comprehensively taking account of the evidence submitted by the prosecutor of the lower judgment on the acquittal portion of the lower judgment, each of the accounts in the name of AT and AU corporation is recognized as the account used for the instant loan fraud crime, and the amount deposited from the said account is also the damage amount acquired by loan fraud.

However, the lower court found the Defendant not guilty on this part of the facts charged without considering the type of operation of the instant loan fraud office or the characteristics of the crime, and without giving the prosecutor sufficient opportunity to prove the facts charged.

Therefore, the judgment of the court below is erroneous in misconception of facts and incomplete hearing.

B. Both parties asserts that the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable for the Defendant, and the prosecutor asserts that the Defendant is too uneasible and unfair.

2. Determination

A. (1) The summary of the facts charged in the charge of not guilty is as follows: (a) the Defendant, on the fourth floor of the building in Gangseo-gu Seoul Metropolitan Government, installed a call center office without any trade name and provided telephone counseling to unspecified persons; and (b) provided phone calls by pretending to provide loan counseling to loan applicants; (c) the Defendant was willing to receive money as a cost for loan progress and obtain money from the loan applicants; and (d) the Defendant operated the call center office and conspired to take charge of the management and business direction of the telemater employees.

Accordingly, in order to establish Internet IP in another person's name so as to prevent disclosure of the office's location and personal information, the Defendant used one "A", which is a radio communication device, and demanded F to seek "A" established in another person's name, etc. to seek information from the Internet telephone in the above E-building office. The F accordingly is a legal entity for G.