The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B Imprisonment with prison labor for a fine of five million won or more, Defendant C.

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: 3 years of imprisonment; Defendant B: 1 year of suspended sentence of imprisonment with prison labor for 3 months; Defendant C: 6 months of imprisonment) is too unreasonable in light of various sentencing conditions of the Defendants.

B. As to Defendant A’s fraud on October 10, 201 against Defendant A’s victim E, Defendant A’s payment of KRW 2.40 million to Defendant A as advance payment on a scrap metal supply contract would be supplied by Defendant A every month.

This is due to the fact that the defendant A had no ability to supply the victim E with 100 tons of scrap metal every month, and the defendant A could also have sufficiently predicted this fact.

Therefore, although it can be sufficiently recognized that Defendant A's intent to obtain fraud on this part can be found guilty of this part of the facts charged, the judgment of the court below which acquitted Defendant A of this part of the facts charged, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. On October 10, 201, the Defendant of this part of the facts charged stated the following purport: (a) at the “K office of the victim E’s operation, engaged in the business of collecting and selling scrap metal located in the Busan High-gu Busan High-gu, the Defendant made a false statement to the effect that the Defendant: (b) at the victim’s office, the Defendant supplied the victim’s interest to the Plaintiff with the amount of KRW 240 million per month generated from the Plaintiff’s home-run G exclusively for KRW 100,000 per month; and (c) for one year, the amount of the scrap metal generated from the Plaintiff’s home-run G without deducting the scrap metal price from the said advance payment.”

However, in fact, the Defendant, who operated G independently from the above B, was in excess of 30 tons per month from May 201 to September 201, 201, and was in excess of 100 tons per month from 20 tons to 30 tons, and was not able to supply scrap metal of 100 tons per month. The Defendant made a false statement to receive advance payment, as it is necessary for the obligation 200 million won to AC and G operational funds. At the time, the Defendant was the Busan Bank, Korea Bank, and the Defendant at the time.