All judgment of the court below shall be reversed.

Defendant

A Imprisonment with prison labor for six months and for six months, each of the defendants C shall be punished.

1. The summary of the grounds for appeal (public prosecutor) was originally prosecuted for Defendant A and C as co-offenders. However, whether Defendant C had been absent on several occasions on the date of the first instance trial and was tried separately for each of the Defendants, and the appellate court re-merged.

Therefore, although the prosecutor's statement of reasons for appeal was submitted to each defendant, it is almost the same as the issue.

The judgment of the court below rendered a not-guilty verdict against the Defendants on the grounds that: (a) the Defendants conspired to borrow 50 million won from the Defendants, not the money borrowed from the Defendants, but the money invested in E and F in connection with the business of developing the surrounding area of the Pakistan as an industrial complex (hereinafter “the instant business”); and (b) the Defendants conspired to commit the act of deceiving I; and (c) the Defendants conspired to use the money to establish the corporation, office expenses, lease expenses, etc. related to the instant business in return for the transfer of 50 million won to the Defendants.

Although I registered as the representative director of a corporation established by I and acquired 60% of the shares (stocks) of the said corporation, in light of the fact that these measures were taken to secure the loan of KRW 50,000,000, and the statement of I merely cannot be said to be in violation of the empirical rule, the court below found the facts charged of the instant fraud against the Defendants. However, the court below erred by misapprehending the facts and rendered a judgment of innocence against the Defendants.

2. Determination

A. Summary of the facts charged in the instant case