Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this shall not apply.

A. A person who borrowed money from a person who suffers from a misunderstanding of facts is not the defendant of H, and a person who conducted a deception is not the defendant of H.

H was involved in the introduction of two persons at the time of borrowing money from the injured party, etc.

Even if it falls under civil liability, it does not recognize the relationship of public offering.

B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant is the vice president of F Co., Ltd., a private person executing a “Ever Construction Project” that constructs a paid welfare house for the aged and ancillary facilities to the D D branch of Sungnam-si, Sungnam-si.

Defendant, in collusion with H, the representative director of G, a company of the same kind as the above company and G, the same building company, stated, around March 17, 2010, that “on the loan of KRW 100 million to the victim C, who was introduced from the branch, shall repay the loan of KRW 100 million until August 20, 2010, and make it possible to perform the original construction work through the construction of the above welfare facility for the aged.”

However, “Eberber Construction Project” was already conducted on February 19, 2010 in a state where the injured party was unable to perform the construction work due to the fact that the establishment of an urban management plan was impossible due to the failure to meet the standards for the establishment of social welfare facilities (paid welfare houses for the aged) from the Sungnam-si.

In addition, even if the above drafting procedure is accepted, it was necessary to build the above real estate transportation center at least 70 billion won, and its financing was uncertain. The above company was financial condition to the extent that it is not possible to reduce the monthly salary of the employees for about three months at the time. The defendant and H had already borne a large amount of debt at the time and did not have any intent or ability to complete payment even if they were paid the above money.

Nevertheless, the Defendant conspired with H to the foregoing.