All judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. As to the part of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E of the first decision by misunderstanding the facts and misapprehension of the legal principles, the defendant and the victim E were in a continuous transaction relationship, and during that process, the victim E was well aware of the defendant's credit standing, the profitability of the second decision and the risk of the second decision, and the defendant continued to pay the amount to the victim E, so the defendant did not have the intention to obtain the fraud of each crime of the crime of the attached Table 1 of the first decision of the judgment (the attached Table 1 of this decision) once to 14.

B. The sentencing of the first instance judgment (three years of imprisonment with prison labor) and the sentencing of the second instance judgment (one year and six months of imprisonment with prison labor) are too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The judgment of the court of first instance and the judgment of the court of second instance rendered each appeal against the defendant, and the defendant filed each appeal, and this court made a decision to concurrently examine the above two appeals cases. Each of the offenses of the judgment of the court of first instance and second shall be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act in the concurrent relationship of crimes under the former part of Article 37 of the Criminal Act with each other.

Therefore, the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained as they are.

However, the argument about the mistake of facts and misunderstanding of legal principles is still subject to the judgment of the court, despite the existence of the above reasons for reversal of authority, and the above argument is examined below.

B. As long as the defendant does not make a confession, the crime of defraudation, which is a constituent element of the crime of fraud as to the mistake of facts and misapprehension of the legal doctrine, shall be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of performing transactions before and after the crime. The purpose of the borrowed money is to repay the borrowed money with others.