The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of one year.

except that this shall not apply.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (Defendant B) Defendant A borrowed 200 million won from the victim M as a bid bond.

The judgment of the court below which convicted Defendant B of the violation of the law, even though it was not stated that Defendant A was involved in deception or obtained a loan of 2.2 billion won from L Bank that he/she works, was signed and sealed on the cash storage within the future guarantee meaning, and that Defendant B was guilty.

B. The sentence (Defendant A: Imprisonment with prison labor for 2 years and 6 months, Defendant B: imprisonment with prison labor for 1 year) imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly admitted by the lower court and the first instance court on the part of Defendant B’s assertion of mistake of facts, namely, ① the victim M’s statement was not somewhat clear in the specific part. However, the lower court issued a request to lend KRW 2.2 billion from L Bank to the commission for a loan of KRW 2.2 billion from L Bank in purchasing R land and selling a new building by constructing a new building.

On February 4, 2009, the Defendants met at the new coffee shop.

Defendant

A paid 200 million won, Defendant B obtained a loan equivalent to 2.2 billion won from L Bank through Defendant B, and repaid 2.32 billion won to L Bank, and Defendant B said that Defendant B would be able to obtain a loan of 2.2 billion won from L Bank, which used loan funds, etc. to the loan manager at the face of 200 million won.

Defendant

B was about 15 days in the period required to obtain a loan for the construction fund, 4-5% in the interest of the loan, and 2.2 billion won in the principal office of L Bank at the expense of the personnel expenses of the principal office of L Bank, and it was easy to grant a loan to 2.2 billion won in the principal office.

No. O. on Defendant B’s memory.