1. Of the judgment below, the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall be reversed.

1. According to the summary of the grounds for appeal (misunderstanding of facts), following the investigation agencies and legal statements, such as K, loan owner H, accomplice M, etc., of the instant crime, the Defendant, at the time of introducing H to K, was well aware that it is difficult for H to obtain a loan equivalent to KRW 5 billion as a corporation under the name of H, and that it was given a loan equivalent to the amount of KRW 200,000,000,000 to the loan owner after the instant crime.

Therefore, the Defendant had been well aware of the overall crime of this case at the time of introducing H to K and other accomplices, and there was a combination of opinions with the accomplices.

It is reasonable to view it.

Nevertheless, the court below held that the defendant conspiredd to commit the instant crime with his accomplices.

The defendant was acquitted on the ground that it is difficult to recognize it, and the judgment of the court below is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination as to the prosecutor's assertion of mistake as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

A. To the extent that this part of the facts charged does not impede the Defendant’s exercise of the right to defense, the facts charged are revised and recognized.

H is the representative director of the J (hereinafter referred to as the "J") of Yongsan-gu Seoul Metropolitan Government I Building 21, Dong 1144.

On January 201, the Defendant, along with K (L), M (one name “N”), H, D, E, F, etc. (hereinafter “K, etc.”), made a public offering to acquire a loan of corporate funds by applying a false security without intent to use it for business funds, and thereafter, introduced H as a recipient of the loan to the above K around that time.

H Around February 21, 2012, when filing an application for a loan of general working capital at a branch of the Korean bank AD located in Seocho-gu Seoul Metropolitan Government around February 21, 2012, submitted a copy of the forged cover bill to AE, who is an employee in charge, and loaned KRW 4.75 billion to be used as business capital.