Of the judgment of the first instance, the guilty part against Defendant B and the second judgment shall be reversed.

Defendant

B Imprisonment with prison labor for two years;

Summary of Grounds for Appeal

Defendant

B and Y Defendant Y did not submit an appellate brief.

However, the petition of appeal submitted by Defendant Y by the defense counsel of the lower court stated that it was lodged on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, and Defendant Y appealed in the trial to the same effect as Defendant B.

Therefore, Defendant Y’s grounds of appeal are the same as the grounds of appeal against Defendant B’s first instance judgment.

Defendant B and Y agreed on March 4, 2014 with the victim MC, MD, and ME (hereinafter “MC, etc.”) to receive KRW 5 million per month, but they did not receive any difference from MC, etc. at all.

Accordingly, Defendant B and Y set off the obligation to borrow money from the victim MD, ME (crime list 2 to 5) and the obligation to borrow money from the victim after March 4, 2014 (crime List 2 to 3 and 4) against the unpaid rent, and it cannot be deemed that the victim MD and ME was accused.

Defendant

B and Y borrowed the sum of KRW 47 million from the Victim MC (No. 1,2) from the victim MC, 6 million won from the victim ME (no. 3) from the victim ME, and there was no intention to commit fraud.

The sentence of unfair sentencing (Defendant B: Imprisonment with prison labor for eight months (the first instance court); imprisonment for one year and six months (the second instance court); imprisonment for eight months and the suspension of execution for two years) of the lower court is too unreasonable.

Defendant

The sentence A (the imprisonment with labor for one year) of the lower court is too unreasonable.

Defendant B and Y expressed to the victim MC, etc. that they would pay the public charges incurred before the lapse of the period of time, instead of paying the public charges on behalf of the victim MC, despite having no intention or ability to pay the portion of the public charges, after three months after the fact-finding, and that the victim MC, etc. paid the public charges on behalf of the defendant B and Y, so the fraud crime has already been committed.