All appeals filed by B and prosecutor are dismissed.

A. Defendant B’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor 1) misunderstanding the legal principles (as to the acquittal part against the Defendants), the annual crime No. 1 in the annexed list No. 2 through 4 as indicated in the judgment of the court below is related to the crime No. 2 through 4 annually. Thus, this part of the public prosecution instituted by the prosecutor as of January 15, 2018, which was within 7 years from April 2, 2008, which was the date of the completion of the crime, was lawful, and the statute of limitations for this part of the public prosecution against the Defendants was expired, on the contrary, by deeming the crime No. 1 as a separate crime from the crime No. 2 through 4 annually.

The court below erred in the misapprehension of legal principles.

2) In light of the fact-misunderstanding (not guilty part against Defendant A) that the victim refers to a person who is a joint defendant B, and the defendant lent money to B because he guaranteed the credit of Defendant B, the defendant borrowed money from K and invested in B, and the defendant did not notify the victim of the above circumstances even though he repaid the above investment money to the defendant as part of the above borrowed money from the damaged party, and the defendant paid 30 million won to the victim around March 2009, even though the defendant alleged that he was not liable for any damage, it can be recognized that the defendant committed the crime No. 2 or No. 4 of the attached Table No. 1 of the judgment of the court below in collusion with Defendant B, but the judgment of the court below acquitted him of this part of the charges.

3) Improper sentencing (as to Defendant B, the lower court’s sentence is too unfasible and unfair.

2. Determination

A. The following circumstances acknowledged by the lower court’s determination on the Prosecutor’s assertion of misapprehension of the legal doctrine as to the Defendants of the Defendants, namely, ① as to the daily list of crimes (1) No. 1 of the attached Table No. 1 as indicated in the lower judgment, which is the charge of this part of the facts charged, the victim around November 207.