All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

However, for the period of three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Defendant 1) The lower court did not err by misapprehending the legal doctrine on the first instance judgment decision or by deceiving the Victim F Co., Ltd. (hereinafter “victim F”) as stated in this part of the facts charged.

2) It is true that the Defendant, who is erroneous in the 2nd judgment decision (the fraud against the victim S), borrowed KRW 150 million from the damaged person, but since the financial standing has deteriorated after the next use, the Defendant was unable to repay the borrowed amount. Therefore, there was no intention to commit the crime of defraudation by the defrauded.

3) The sentence sentenced to KRW 1 and KRW 2 in the sentencing of the first and second judgments (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, 2 years in the suspended sentence, 2 years in the suspended sentence: 10 months and 2 years in the suspended sentence) is too unreasonable.

B. The sentence sentenced by the first instance court’s first instance court’s sentencing (unfair sentencing of the lower court) is too unhued and unreasonable.

2. Determination:

A. Prior to the judgment on the grounds of appeal by authority, prior to the judgment on the grounds of appeal by authority, the defendant appealed against the judgment of the court of first and second instance against the judgment of the court of first instance, and the court of first and second instances decided to jointly examine each of the above appeals cases.

However, the judgment of the court of first instance and the judgment of the court of second instance against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed within the scope of aggravated punishment pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

However, even if there are such reasons for ex officio reversal, the defendant's assertion of mistake or misunderstanding of legal principles is still subject to the judgment of this court, and this is examined.

B. As to the allegation of misunderstanding of the facts or misapprehension of the legal principles on the judgment of the court of first instance, the Defendant also asserted the same purport as the grounds for appeal in this part, and the court of first instance states the judgment on the assertion of the Defendant and the defense counsel in detail.