The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

15,000,000 won shall be collected from the defendant.

1. Summary of grounds for appeal;

A. The prosecutor's sentence (each fraud: one year of imprisonment, two years of suspended sentence, violation of the Attorney-at-Law Act, and violation of the Road Traffic Act: 10 months of imprisonment) of the court below is too unhued and unfair.

B. Defendant 1) When the Defendant received each of the instant loans, Defendant 1 had the intent and ability to pay interest and principal to the victims at the time of the receipt of the instant loans, and there was no intention to commit fraud. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The summary of the facts charged of this case 1 as to each fraud, Defendant B operated the real estate office called the “D Licensed Real Estate Agent Office” located in Yongsan-gu, Busan Metropolitan City. Defendant A, who was in charge of the management of funds by holding the office of the management director at the “D Licensed Real Estate Agent Office” as the above “D Licensed Real Estate Agent Office”, and the Defendants conspired to borrow and use the money on the condition that the above Licensed Real Estate Agent Office is operated, premiums, and interest payments are difficult due to the difficulty in operating the office due to the smooth occurrence of profits.

1. Around October 7, 2008, the Defendants conspired with the victim E to make a false statement that “The victim would make a lot of profits through an auction by real estate” to the victim at the GUnion branch office located in Songpa-gu Seoul Metropolitan Government FF, stating that “I will pay 2% interest per month and make a payment after one year, if I lend money.”

However, in fact, the Defendants paid the monthly interest of KRW 5 million as the loan interest, KRW 8 million as the insurance premium, and the Defendants thought to use the money received from the victims to pay insurance premiums or pay the existing debt, and they did not have the intent and ability to pay the interest and principal that have been promised even if they received money from the victims because they did not make profits smooth.

The Defendants received KRW 100 million from the victim’s account under the name of the Defendant, etc. from the above date and time to July 3, 2009.