All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

A. In the event of a mistake of fact (with regard to the judgment of the second instance court), the court below found the defendant guilty of all the charges, although the defendant had the intent and ability to repay the loan in the second installment loan contract of this case.

B. Each sentence imposed by the lower court on the Defendant (the first instance judgment: imprisonment with prison labor for one year and six months, and the second instance judgment: imprisonment with prison labor for eight months) is too unreasonable.

Judgment

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the court below sentenced each of the above judgments to the defendant, and the defendant filed an appeal against each of the above judgments, and this court decided to consolidate the above two appeals cases. Each of the crimes of the court below 1 and 2 against the defendant should be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot escape from all of the reversal.

B. However, the defendant's assertion of mistake of mistake is still subject to the judgment of this court, and this is examined.

If the Defendant had dolusent awareness of the possibility that the installment would not be repaid while concluding the instant medium-sized loan agreement, he/she shall be deemed to have acquired the intent of defraudation. In other words, the following circumstances, which can be recognized by the original judgment and the evidence duly admitted and investigated by the court below, i.e., the Defendant: (i) recognized all of the instant frauds in the court of original instance; (ii) between August 201 and November 201, the sum of face value issued in the name of C (hereinafter “C”) 258 million won per share from August 13, 201 to February 10, 2012.