The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for six months.

except that this shall not apply.

A. According to the evidence submitted by the prosecutor of the facts, although the defendants conspired to commit the crime of fraud as stated in the facts charged in this case, the court below found the defendants not guilty on the ground that there is a lack of evidence to acknowledge this, the court below erred by mistake of facts.

B. The lower court’s sentence of two-year suspended sentence is deemed to be too uneasible in six months of imprisonment with labor for Defendant B.

2. Determination

A. In the first instance trial, the Prosecutor applied for the amendment of the indictment with respect to the Defendants’ joint crimes in the instant case No. 2228 of the High Court Order 2014, which is the facts charged against the Defendants, as the sole crimes committed by Defendant B and the aiding and abetting by Defendant C and D. The joint crimes committed with Defendant C in the instant case, which is the facts charged against the Defendants, was changed by adding each of the charges as the ancillary charges by Defendant C’s aiding and abetting with respect to the sole crimes committed by Defendant C. The subject of the judgment was changed by this Court.

However, there was an amendment to the indictment above.

Even if the existing facts charged are still maintained as the primary facts charged, the prosecutor's argument about this part is examined first.

B. Fact-misunderstanding 1) The Defendants jointly committed the crime of this part of the facts charged as to the Defendants: (a) obtained installment financing loans under the name of the Defendant B, which is in need of salary class on July 201; and (b) offered a bid to raise money by the Defendant C, a seller of the second class shop after purchasing the vehicle, with the resale of the vehicle.

Defendant

B On July 14, 2011, at the house located in Seocheon-si, Seocheon-si, the Defendant D and SM5 vehicles purchased using installment financing at the house, and around July 19, 201, around July 19, 201, borrowed KRW 22,300,000 out of the vehicle price to the members of the company of Korea Social Services Co., Ltd., Ltd., and calculated the interest at the rate of 6.9% per annum.