The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

Part of acquittal.

A. Defendant (guilty in the judgment of the court below) 1) The part of the victim J, when preparing a document of process on March 11, 2015, the Defendant borrowed KRW 20 million with the victim J and obtained an installment loan by purchasing a galle vehicle in the name of the said victim (on December 31, 2015), and then repaid the said loan in full at the said victim’s request prior to the payment due date, and was succeeded to the said vehicle and installment loan in the name or name of the said Defendant, and did not receive the money by deceiving the said victim, as stated in this part of the facts charged.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of this part of the facts charged.

B) The Defendant did not pay hotel expenses to the hospital due to traffic accidents caused by the other party’s negligence after having been accommodated in the victim E hotel, but did not intend to pay hotel expenses from the beginning by deceiving the above victim.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of this part of the facts charged.

C) On April 19, 2018, the Defendant did not have received KRW 30 million from the Victim K on February 21, 2015, and the Defendant asserted that “the amount of KRW 43.5 million already transferred to the Defendant during the amount of KRW 70 million (including KRW 30 million in this part) of the public prosecution against the Victim K should be deducted from the amount charged.” At the first public trial date, the Defendant asserted that the aforementioned portion of the above changed portion was merely an unjust cause for overall sentencing, and added a new argument to the purport of mistake in the above facts at the first public trial on October 4, 2018.

Nevertheless, the judgment of the court below that found this part of the facts charged is erroneous.