A. Fact-misunderstanding and misapprehension of the legal doctrine did not deceiving victims, nor had the intent and ability to repay.

B. The punishment of the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of misunderstanding the facts and misapprehension of the legal doctrine, it is recognized that the Defendant deceivings the victims at the time of the instant case about important matters such as the intent to make a physical repayment, the ability to defend, and the method of repayment, and the intent to acquire the Defendant by fraud.

Therefore, the defendant's above assertion is without merit.

(1) Whether fraud is established in the crime No. 1-A. (A) In the prosecutor’s investigation, the Defendant: (a) set up a victim C as a joint guarantor in a situation in which it is difficult to obtain a loan unless the joint and several surety is not good; and (b) received a loan from the prosecutor’s office, and used the victim C as a joint guarantor to repay other debts.

F Point was a situation where funeral service was not well-grounded, and the term of lease was expired on February 1, 2014.

The sale of cosmetics was 5 to 100,000 won a day.

In fact, on December 12, 2013, the Defendant, upon receiving a loan of KRW 15 million in total from R, G, Tae River loan, P, and S (Evidence No. 245 of the Evidence Records) in five sites including G on December 12, 2013, the Defendant, upon receiving a loan of KRW 15 million each, made a joint and several surety of the victim C by the investigative agency.

A statement was made and all of the loan companies located in five places were jointly and severally guaranteed;

The statement was made (374 pages of the evidence record), and even based on the P's written confirmation of full payment, C can be confirmed that it was recorded as a joint guarantor (298 pages of evidence records). The fact that it was made as a joint guarantor, and ② The amount loaned by D as a joint guarantor with D as the amount loaned as a joint guarantor. < Amended by Presidential Decree No. 26805, Jul. 13, 2015; Presidential Decree No. 26