All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1 did not have the intention to commit the crime of defraudation of facts. Although the borrowed amount was not KRW 30 million but KRW 20 million, the lower court found the Defendant guilty of the facts charged in the instant case, there was an error of misunderstanding of facts. (2) The sentence (2) sentenced by the lower court of unfair sentencing (2 years of suspended execution in six months of imprisonment, and 80 hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. First of all, the Defendant’s assertion of mistake of facts was affirmed on May 30, 2013 and the above judgment became final and conclusive, on the grounds that the Defendant borrowed KRW 30 million from the victim at the time of the prosecutor’s investigation conducted on October 31, 2013, and the following circumstances, which can be recognized by the lower court based on evidence duly adopted and investigated by the lower court, namely, the Plaintiff’s acquisition of the loan claim from the victim, excluding KRW 20 million, which the Defendant recognized in the civil litigation instituted against the Defendant, have no evidence to prove that the remainder of the loan claim was a loan. However, in full view of the fact that the Defendant borrowed KRW 30 million from the victim at the time of the prosecutor’s investigation conducted on October 31, 2013, and the victim stated on the process of borrowing the loan, the victim appears to have remitted KRW 20 million from each of the Defendant’s account to KRW 30 million on October 14, 2009.

Next, with respect to the criminal intent of defraudation, while the defendant did not have any particular property for the defendant at the time of borrowing the above money from the victim, the defendant is liable for the amount of KRW 10 million.