A defendant shall be punished by imprisonment for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

A. In fact, the Defendant: (a) remitted KRW 14 million per annum to the victim on December 31, 2013 in the list of crimes attached to the judgment of the original court; (b) the Defendant paid KRW 20 million per annum to the victim on December 31, 2013; (c) the Defendant borrowed the remainder from the victim; (d) the Defendant borrowed the remainder from the victim; (e) however, the Defendant had the intent and ability to pay the remainder at the time; and (e) the Defendant was unable to pay due to changes in circumstances, such as the business that the Defendant promoted is difficult, and thus, there is no intent to commit deception and fraud.

B. Improper sentence of the lower court (two years of suspended sentence in October and two years of suspended sentence) is too unreasonable.

2. Determination

A. In the judgment of ex officio, the prosecutor below the facts charged in the instant case.

B. (1) An application for amendment to Bill of Indictment was filed by changing the same as the foregoing paragraph, and this Court permitted it, and thus, the judgment of the court below was no longer maintained.

However, among the defendant's assertion of mistake of facts, the remaining arguments except for No. 1 and No. 2 related arguments in the crime sight table as stated in the judgment below (the above three arguments) are still subject to the judgment of this court, and this is examined.

B. (1) The summary of the revised facts charged / [1] The Defendant was sentenced to six months of imprisonment with prison labor for fraud at the Suwon Fagwon on August 28, 2014, and the said judgment became final and conclusive on September 1, 2014.

【Criminal facts constituting a crime】 On January 2, 2014, the Defendant loaned KRW 13.5 million to the victim C by calling at an unclaimed place on January 2, 2014 (the end of January 2015 is deemed to be a clerical error).

A false statement was made.

The fact is that the property owned is consumed by all in relation to the development project of the safe housing site that had been promoted before, and since August 2013, the project was promoted from Busan Southern-gu D project, but the land was not yet purchased or purchased in excess of 36 billion won.