The remainder of the judgment of the court of first instance excluding the application for compensation order, and the application for compensation order among the judgment of the court of second instance.

1. Summary of grounds for appeal;

A. In the judgment of the first instance court on the facts of the crime, the Defendant had the intent and ability to repay the borrowed money from the injured party or from the injured party to pay the debt. However, due to the shortage of funds, it was impossible to repay the debt to the injured party because it was difficult to complete the construction of the hospital building due to the impossibility of completing the construction of the hospital building due to the lack of funds, and there is no fact that the injured party was deceiving with the intent to commit

In addition, at the first inquiry, the crime of this paragraph (II) No. 5 per annum is a matter between the victim and I, and there is no relation to the defendant.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The punishment of imprisonment with prison labor for the first instance judgment (three years of imprisonment with prison labor) and the second instance judgment (one year and eight months of imprisonment with prison labor for the crime No. 1 as indicated in the holding, and eight months of imprisonment with prison labor for the crime No. 2 as indicated in the holding) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Since the first instance court's decision against the defendant and the second instance court's decision are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act in relation to the crime of concurrent crimes under Article 38 (1) of the Criminal Act, since the remaining part of the judgment of the court of first instance excluding the part of the application for compensation order and the part concerning the crime No. 1 in the judgment of the court of

However, despite the above reasons for reversal ex officio, the defendant's assertion of mistake of the facts against the judgment of the court of first instance, and the defendant's argument of sentencing against the second crime in the judgment of the court of second instance is still subject to the judgment of the court of second instance, and this is examined by changing the claim.

3. On the Defendant’s assertion