Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

Defendant

A misunderstanding of facts (Supreme Court Decision 2014No. 2014Da797 Decided the original judgment) found guilty of the facts charged in the instant case, despite the fact that the Defendant was willing to sell the goods supplied from Hyundai Magdong Food Co., Ltd., but the Defendant was unable to pay the agreed interest to the victim H because the said company failed to provide the goods with security and to supply the goods additionally, and thus, the Defendant did not have any intention of deception or unlawful

Unfair sentencing: The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

Defendant

In full view of the evidence duly adopted and examined in the court below's determination of misunderstanding of facts as to the A's assertion, and the following circumstances recognized by the victim H's legal statement in the court below, it can be sufficiently recognized that the Defendant A deceivings the victim and acquired money.

Defendant

A agreed to pay a 23% interest per month to the victim H, and received a total of 28,8710,000 won from June 10, 2013 to September 6, 2013, as shown in the list of crimes in the attached Form of the lower judgment.

(Public trial records No. 47-48, evidence records No. 382-383). In addition, Defendant A purchased the victim’s external third village real estate and offered the above real estate as security to Hyundai Puld Co., Ltd., and paid only KRW 60 million out of the purchase price of KRW 200 million.

(Public Trial Records 54-5 pages, 386 pages). Defendant A paid part of interest and purchase-prices, but Defendant A could not pay the remainder of interest and purchase-prices in the middle of payment due to the outstanding amount of money and other debts.

(Evidence Records 392 pages) At the time of the instant case, Defendant A was unable to be provided with additional goods even though the outstanding amount for the purchase of goods against Hyundai Frand Co., Ltd. was at least KRW 500 million, and the security was provided.