The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Although the Defendant borrowed 4.57 million won from G and subsequently repaid 1.65 million won on or around January 2005, the Defendant was guilty of a mistake of facts or of a misunderstanding of legal principles, there was no fact that he borrowed 4 million won from E on or around February 25, 2005, such as the facts charged, and thus, the lower court erred by misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts or misapprehension of legal principles

A. On February 25, 2005, the Defendant, at the main point of “D” operated by the Defendant in Gwangju Northern-gu, Gwangju Northern-gu, stating that, even if the Defendant is a joint and several surety for the Defendant’s borrowing of money from E, the Defendant would not cause harm to the Defendant by making a timely repayment of the borrowed money to E if the Victim F was unable to have the intent or ability to repay the borrowed money from E at the time, despite the Defendant’s failure to do so.

As above, the Defendant, by deceiving the victim, had the victim sign a joint and several guarantee, had the victim pay the principal amount of KRW 4 million and interest KRW 5.76 million to E, thereby having the victim pay the principal amount of KRW 9.76 million, and acquired the pecuniary profit equivalent to that amount.

B. The lower court’s judgment: (i) F and E, upon the Defendant’s request at the time of borrowing KRW 4 million from E, made a joint and several surety by F and the Defendant paid the borrowed money to E on behalf of F due to the Defendant’s failure to pay the borrowed money; (ii) conforms to the facts charged; (iii) the Defendant’s signature and seal is affixed to the obligor column; and (iv) the date on which the borrowed money was drawn up is later than the date of borrowing from G as of February 25, 2005, and the borrowed money as indicated in the above loan certificate is also the Defendant.