The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. As to the 2016 Highest 1578 case, the gist of the grounds of appeal is as follows: (a) the Defendants were unable to obtain facility loan; (b) the Defendants’ repayment of the facility loan to the victim E is also impossible; and (c) the interest and wages of the existing loan at the time did not have sufficient means to repay due to the delayed situation; and (d) thus, the Defendants’ criminal intent may be sufficiently recognized.

As to the 2016 Highest 3792 case, comprehensively taking account of evidence such as the victim’s statement, J’s testimony and account transaction details, Defendant A may fully recognize the fact that Defendant A received property by deceiving the victim H.

Therefore, the judgment of the court below which acquitted all of the charges of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination on the 2016 Highest 1578 Cases (with respect to Defendants)

A. The summary of the facts charged in the instant case is that Defendant A is a person engaged in the lodging business, and Defendant B is a real representative of D (ju) who is an enterprise that produces species stuffs and spawns.

Defendant

A Upon the request of Defendant B to provide a loan to Defendant B, on June 30, 2013, the victim E, who is a school sports teacher, in the C-Saeak Staak Staak Staak Staak-dong, Daegu Suwon-gu, may receive KRW 50,000,000 from the victim E, who is a school sports teacher, within the C-Saak Staak-dong, and make an investment of KRW 100,000,000 within three months.

The phrase “ makes a false statement.”

However, in fact, Defendant B established D (ju) around 2010 and acquired the land and factory with the loan of KRW 1.2 billion in the same year, but it is difficult to conduct a normal business up to now due to the lack of additional loans thereafter, and even if it is impossible to operate a factory due to the delinquency in the above loans, corporate credit card payments, employees’ benefits, etc., Defendant B’s lending of money to the victim, it is used to repay the above debt.