A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

A. misunderstanding of facts or misunderstanding of legal principles (the second judgment) the Defendant borrowed KRW 20 million from the victim for construction costs, and completed remodeling by inserting the construction cost in the amount of KRW 500 million, including the above borrowed money, and followed negotiations for the purchase and sale of the right to operate the Holdings with the lessor’s cooperation.

However, the operation of the crowdfunding is suspended on the wind that the lessor delivers and executes the building of this case, and the sales of the operating right has become void, and this led to the failure of the borrower to repay the borrowed money.

Therefore, it cannot be said that there was deception because it was not borrowed without the ability to repay or intention, and there was no intention to commit fraud.

B. The first instance court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. (1) Prior to the judgment on the grounds for appeal ex officio, the court of first instance and the court of second instance decided to hold a joint trial by examining each appellate court of the first and second original judgments. Each of the crimes of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act and must be sentenced to a single sentence. Thus, the judgment of the court below cannot be reversed in its entirety.

(2) However, the assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court, despite the above reasons for ex officio reversal.

B. (1) The lower court rejected the Defendant’s defense to the effect that there was no intention to commit deception and deception, taking into account the following circumstances acknowledged by the macro-written evidence, and found the Defendant guilty of this part of the charges.

① In the event that the Defendant does not pay rent for two (2) years between the lessor of the instant database and the lessor, the Defendant is liable to pay the same.