All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the loan of this case was actually put into the Corporation, and the victim was aware of such circumstances, and thus, the defrauded did not have any intention to commit fraud, and is merely a failure to perform civil obligations. 2) The punishment of the lower court which was unfair in sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The judgment of the court below on the Defendant’s assertion of mistake of facts also did not have a criminal intent to acquire the same intent as the grounds for appeal.

The court below rejected the defendant's assertion after explaining the circumstances acknowledged by legitimate evidence in the part of "the judgment on the defendant's assertion".

Examining the lower court’s factual recognition and judgment in comparison with the records of the instant case, the lower court’s determination is justifiable. Therefore, this part of the Defendant’s assertion is without merit.

B. In the criminal litigation law, which takes the principle of trial-oriented and direct determination of the unfair argument of sentencing by the defendant and the prosecutor, there exists a unique area of the first instance court regarding the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and when comprehensively considering all the reasons for sentencing as stated by the lower court, it is not recognized that the lower court’s sentencing against the defendant is too heavy or it goes beyond the reasonable scope of discretion because it is flu

Therefore, this part of the argument by the defendant and the prosecutor is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant