The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. As to the fraud of the 1-A. 1-2 of the crime of fraud (defendant 1), the victim D (hereinafter “victim”) received 14 million won as the down payment of the instant real estate in order to prepare for the tax investigation, etc. However, although the above money was used for other purpose than the cost of registering the transfer of ownership of the said real estate, it did not have the intent of defraudation.

B) As to the fraud of the crime No. 1-b. 1-B, the victim was well aware of the fact that he assumed the obligation with the right to collateral security upon consultation with the defendant and that the defendant did not have to repay the above obligation. Thus, the victim did not take over the above obligation because it belongs to the defendant's deception.

The defendant also has the ability to repay and make repayment.

2) The instant embezzlement is a loan provided by the Defendant as collateral for the instant real estate, and the crime of acquiring the amount equivalent to the debt amount of the collateral security right established on the instant real estate from the injured party is established. If a crime of fraud is established, deeming the said money to be useful or consumed as an additional embezzlement constitutes double punishment and cannot be punished.

B) The Defendant used most of the instant embezzlement funds as operating expenses of the victim B Co., Ltd. (C Co., Ltd.) (hereinafter “victim”) and embezzled them. As such, the Defendant used most of the instant embezzlement funds as operating expenses.

B. The sentence of the lower court (one year of imprisonment, three years of suspension of execution, and 200 hours of community service) is too heavy or (the Defendant) is too heavy.

2. Determination

A. 1) In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court, the lower court’s determination as to the Defendant’s assertion of mistake of facts, the Defendant commits the crime.