The judgment below

The guilty part against Defendant A and the part against Defendant B, respectively, shall be reversed.

Defendant

A.

1. Summary of grounds for appeal;

A. Defendant A (unfair form of punishment) asserted a mistake of facts as to each fraud against the victim H, M, and AJ among the guilty parts of the lower judgment based on the initial statement of grounds of appeal, but on the second trial of the lower court, Defendant A withdrawn a mistake of facts as to the victim H, M, and AJ on the date of the fourth trial, and on the fourth trial date, Defendant A withdrawn a mistake of facts as to each fraud against

The imprisonment with labor for Defendant A (five years of imprisonment) of the lower court is too unreasonable.

B. Defendant B (1) In the case of each prosecutor’s interrogation protocol and the prosecutor’s statement protocol on the assertion X on admissibility of evidence, X did not appear in the court and recognize the authenticity thereof, and the contents of the statement cannot be considered as having been “specific conditions” under Article 314 of the Criminal Procedure Act, and it cannot be said that it is inadmissible as it is difficult to view the contents of the statement as having been equipped with “specific conditions” under Article 314 of the Criminal Procedure Act.

(2) As to the facts charged in violation of Article 5(4)3 of the Specific Economic Crimes Act (amended by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) (Article 5(4)3 of the Specific Economic Crimes (amended by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) in the case of a violation (amended by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) although the indictment was filed by stating Article 5(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)

① The statement of X is not reliable due to the change of the content thereof, contrary to the empirical rule, etc. ② The instant secured loan is executed on condition that all prior collateral security and superficies, etc. are cancelled, and cannot be deemed an unfair loan due to having been conducted through normal procedures. ③ In fact, the instant secured loan is not deemed an unfair loan.