The judgment below

The part against the defendant is reversed, and this part of the case is remanded to the Seoul Eastern District Court Panel Division.

Before determining the grounds of appeal, we examine it ex officio.

1. The criminal facts against the defendant found guilty by the court below are as follows.

The defendant used that Co-defendant A and the defendant were working in the L bank (hereinafter "L bank"), through acquiring KRW 200 million from the victim M to use them as business funds for A, and the facts are as follows: even if 200 million won was received from the victim M, the victim M was no intent or ability to obtain a loan of KRW 2.2 billion from the L bank; but around February 4, 2009, the defendant met the victim M, and A is expected to purchase the land located in Y in Y and build a new building and sell the building; if 200 million won is paid, 2.2 billion won is loaned from the L bank through the defendant through the above land purchase price and pay 2.2 billion won in fee to the L bank (hereinafter "L bank"), and the defendant knew the victim to receive 2.2 billion won in fee from the L bank using the loan funds, etc. at the same time by deceiving the victim to receive 2.2 billion won from the above money and valuables from the financial institution, and at the same time, by inducing the victim to receive 2000 billion won from the above.

However, only the above facts of the crime itself is whether the defendant, who wants to borrow KRW 2.2 billion, acquired KRW 200 million as a fee, and received KRW 200 million as to loan mediation, and ② if the defendant borrowed KRW 200 million as a fee necessary for the loan of the business fund of Co-defendant A (land purchase fund in the city) in the original judgment, it is clear whether he received KRW 200 million as a loan, and at the same time he received KRW 200 million as to loan mediation.