The Defendants’ appeal is dismissed.

1. Summary of grounds for appeal;

A. As stated in the judgment of the court below, the Defendants committed the instant loan by deeming that not only the victims were able and able to repay the loan at the time of receiving the installment financing loan from the victims, but also the victims had no special problem in repayment of the loan through credit investigation. Therefore, the Defendants did not have the intention to acquire the loan at the time of the instant case.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. Each sentence (Defendant A: a fine of two million won, Defendant B: a fine of five million won) imposed by the lower court on the Defendants is too unreasonable.

2. Determination on the grounds for appeal

A. Regarding the assertion of mistake of facts, comprehensively taking account of the evidence submitted by the Defendants, including each statement made by the court of the original judgment and the investigative agency and the police statement of K, the evidence submitted by the prosecutor is sufficient to fully recognize the fact that the Defendants, as stated in its reasoning of the lower judgment, deceiving the victims of a total amount of KRW 36 million by inducing the victims to transfer a total of 36 million loan to the automobile selling company, and the circumstances asserted by the Defendants as the grounds for appeal do not interfere with the acknowledgement of the above criminal facts.

Therefore, the court below's decision that found the Defendants guilty of the facts charged in this case is just and acceptable, and it is not recognized that there was an error of mistake of facts as alleged by the Defendants in the judgment below, and therefore, this part of the Defendants' assertion is without merit.

B. Unreasonable sentencing.