The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

1. The summary of the grounds for appeal is difficult to recognize the relation between the victim's deception from the Defendants, or the dispositive act of the Defendants and the dispositive act of the victim.

However, in the instant case, the content of the said deception itself revealed the financial situation of Defendant H (hereinafter “instant company”) in the operation of Defendant A, and the victim took into account all the circumstances, such as the fact that he had been given a loan to the Defendants and received reimbursement within several days, the court below found the Defendants not guilty even if the victim was sufficiently recognized that he had given an additional loan of KRW 200 million as he was at the end of the Defendants. In so determining, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this case is that Defendant A is the representative director of the H in Manyang-gu G in Manyang-si (hereinafter “instant company”) and Defendant B is the executive director of the said company.

From March 10, 2016, the Defendants conspired to borrow KRW 1.5 billion from the Credit Guarantee Fund to I at the office of the above company office on or around March 10, 2016, and borrowed KRW 200 million to make it possible for I to pay taxes in arrears as taxes and personnel expenses are in arrears. Upon entering the certificate of full payment of taxes, the Defendants would immediately be able to borrow KRW 1.5 billion, including KRW 1.5 billion, which was already borrowed from the Credit Guarantee Fund, to repay the total amount of KRW 300 million until April 30, 2016.

A false statement was made.

However, there was no fact that the Defendants were able to directly obtain a loan of KRW 1.5 billion from the Korea Credit Guarantee Fund prior to the borrowing from I, and at the time of the next use, knew that the said money was not in a state of being able to obtain a loan from the Korea Credit Guarantee Fund under the conditions of the said company, and even if receiving KRW 200 million, they did not have the intent or ability to obtain a loan.

The Defendants deceiving and belong to I as above.