The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for one year.

A request for compensation order of this case.

A. Since the Defendant obtained the consent from V and obtained the consent from V, as a joint and several surety for the obligation to lend V to W Co., Ltd. (hereinafter “W”), and for the lease toY Co., Ltd. (hereinafter “Y”), each of the instant crimes against V was not established, and there was no intent to commit the crime of defraudation against the above companies.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and four months of imprisonment) is too unreasonable.

2. The lower court rendered a judgment of not guilty as to the embezzlement against the victimY among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder.

However, since only the Defendant appealed from the charges of this case, the scope of the judgment of this court is limited to the above conviction except the embezzlement of the victim Y.

3. Judgment on the assertion of mistake of facts

A. On July 196, 1996, the Defendant, at the office located in Busan, borrowed KRW 44 million in the name of the Defendant at the office of the Defendant located in Nam-gu, Busan, the charge No. 1), stated that the Defendant is V for the purpose of exercising the right without the consent of the victim V, and forged a sales contract and a written application for installment financing in the name of V, which is a private document on the rights and duties of the victim’s seal affixed, and a written application for a sales contract and a written application for installment financing in the name of the Defendant, which is a private document on the rights and duties of the victim’s seal affixed in advance, and is written in writing in the name of the Defendant (hereinafter “197.”).

7. Around 31.31. At the Busan Jin-gu W office, the director of the loan review division of the above company was delivered to X as if the above forged application for installment financing was duly formed.

B) Fraud Defendant deceiving X at the same time, time, and place as above in the foregoing paragraph (a), and in this context KRW 44 million from the victim W.