1. The part of the judgment below against Defendant C is reversed.

Defendant

C A person shall be punished by imprisonment for not more than ten months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Defendant A 1) misunderstanding of facts or misunderstanding of legal principles as to the fraud against the victim H was in the situation where the Defendant was going to open a film “BW” invested by the Defendant at the time of borrowing KRW 100 million from the victim. As the Defendant determined that the above film opening would be able to repay the borrowed money with the investment profit accrued from returning the borrowed money upon the opening of the film, the Defendant borrowed the above money. Thus, the Defendant did not have the intention to acquire it.

B) As to the violation of the Attorney-at-Law Act, the Defendant did not receive money on the pretext of a public official’s solicitation, but only received money to deliver money to BK to the public official. 2) The sentence of the lower court on the Defendant of unreasonable sentencing (the crime of violation of Articles 2 and 3-C. of the original judgment: Imprisonment with prison labor for one year and six months, and the crime of violation of Article 3-A. of the decision of the lower court for six months: Imprisonment with prison labor for one year and six months: 1.6 months, and additional collection KRW 4.5 million) is too unreasonable.

B. The sentence of the lower court against Defendant B (the first, second, fourth, fourth-B, and third-A: imprisonment with prison labor for two years and six months, and the fourth-A: imprisonment with prison labor for six months and six months) is too unreasonable.

C. The sentence of the lower court against Defendant C (10 months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the grounds for appeal by Defendant A on mistake of facts or misapprehension of the legal principles) 1) Determination of the fraud against the victim H is based on the following: (i) determination of whether the criminal intent of defraudation, which is a subjective constituent element of a crime of fraud, has an intentional intent to borrow money from the victim by making a false statement about the ability to repay to the defendant as of the time of borrowing, although there is no intent and ability to repay to the defendant as of the time of borrowing; and in the event that the defendant denies the criminal intent of defraudation, determination of whether the defendant had an intention to borrow money from the victim.