The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by fine for negligence of 5,000,000, and Defendant C.

1. Summary of grounds for appeal;

A. Defendant A (i) misunderstanding of facts was aware by mistake that Co-Defendant A was responsible for the repayment of the borrowed money by mistake and that Co-Defendant A was not guilty of deceiving the victim I, and there was no intention to make the payment and the ability to make the payment, and there was no intention to obtain the illegal acquisition.

In addition, in light of the fact that Defendant A knew that the victim was Co-defendant C immediately after the completion of the loan certificate of this case, and the victim operated the system without any particular problem, it is difficult to deem that I was deceiving.

B. The sentence of unfair sentencing (one year of imprisonment with labor for four months) of the lower court is too unreasonable.

B. (i) misunderstanding of facts - Defendant C’s fraud against Defendant C 1 - Defendant C did not make a false statement that “the co-defendant A’s house is insufficient to go to the opposite side of the Si Library?” at the time of borrowing money from the victim I, and had the intent to repay and the ability to repay at the time of borrowing.

In addition, since the victim had the time limit for the payment to Co-Defendant A as of September 30, 2014, it was sufficiently possible to repay the loan claim of this case by offsetting it.

Therefore, fraud against victim I is not established.

Dob. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is the 30-day guidance operated by Defendant A and C, which began on March 30, 2013, and Defendant C said that “I lend money to Defendant A because there is a lack of money to help the obligee borrow money from the victim who received demand payment from the obligees, and Defendant C said that “I will lend money to Defendant A, because there is insufficient money to want to see a new house on the side of the city library?” The restaurant operated by Defendant A, which is located in the jurisdiction of Incheon City on June 30, 2013.