The judgment below

The guilty part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for three years.

. Prosecutors;

1. Summary of grounds for appeal;

A. In relation to the fraud of the victim's non-faculous Saemaul credit cooperative, the prosecutor (1) may recognize the fact that the defendant deceivings the employees of the victim's non-faculous Saemaul credit cooperative with the criminal intent to obtain the loan, in light of the following: (a) the defendant's value of real estate offered as security is insufficient to secure the loan if the defendant deducts the four major insurance premiums, comprehensive income tax, substitute payment by the Labor Welfare Corporation, etc.; (b) the defendant's financial situation has deteriorated; (c) the defendant did not notify the fact that he was operating the individual enterprise;

However, since the court below rendered a not guilty verdict on this part of the facts charged, the court below erred by misunderstanding facts and affecting the conclusion of the judgment.

(2) In light of the fact that the defendant actively asked B to provide personal correspondence, demands the opening of cellular phone in the name of B and his/her life, and the escape period is two months long, the defendant's act constitutes abuse of defense right and constitutes the crime of aiding and abetting the criminal.

Although the court below found the defendant not guilty of this part of the facts charged, the court below erred by misapprehending the legal principles as to the limitation of the crime of aiding and abetting an offender and the defense right, which affected the conclusion of

B. In relation to the fraud caused by the supply of clothing by mistake of facts, the Defendant had the intent and ability to pay the price of the clothes, but only did not pay the price of the goods by means of sales depression, etc., the Defendant did not have the intention to acquire it.

In addition, in relation to the fraud of one victimY Co., Ltd. (hereinafter "Y"), in light of the fact that the defendant paid KRW 30 million out of the price of Kabrogs, there was no intention to commit fraud.

However, the lower court convicted all of the facts charged.