Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

except that this shall not apply.

A. The punishment (one year and six months of imprisonment) imposed by the court below on the defendant A (unfair punishment) is too unreasonable.

B. The prosecutor (as to the part on the defendant B) recognized that the co-defendant A was to receive a loan from a financial institution by pretending to make a false transaction, and thus, it is recognized that the co-defendant A participated in the crime of fraud in collusion with A.

The judgment of the court below is erroneous in finding the defendant B not guilty.

2. As to the Defendant A’s assertion of unfair sentencing, the Defendant A paid 134 million won to the Credit Guarantee Fund that acquired the right to indemnity by subrogation for the amount of damage loan by the victim’s enterprise bank, and agreed with the Credit Guarantee Fund in the first instance.

The sentence of the court below previously sentenced prior to the above change of circumstances is too unreasonable.

Defendant

A's assertion is with merit.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged against Defendant B is that Co-defendant acquired 327,50,897 won in total as a loan for corporate purchase fund through 11 times from November 30, 201 to February 1, 2011, in collusion with Defendant A, as stated in the facts charged in the judgment of the court below, as stated in the judgment of the court below.

B. The court below and the court below found the defendant not guilty on the ground that it is difficult to prove that the defendant B conspireds with the defendant A to participate in the crime as stated in the facts charged, and the evidence submitted by the prosecutor alone is sufficient to prove that the defendant B participated in the crime, as stated in the facts charged, to the extent that there is no reasonable doubt.

Examining the evidence of this case according to the record, it is just for the court below to determine that the evidence of this case is not guilty on the basis of the judgment of evidence as stated in its holding, and to determine the judgment by mistake of facts