The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and nine months.

1. Summary of grounds for appeal;

A. According to each statement of the court below's witness S (O prior to the opening of the name), T, and U, of the witness S (O) of the court below (the part concerning fraud against the victim Busan Bank in the judgment of the court below), although it is sufficiently recognized that the corporate purchase fund stated in this part of the facts charged was normally executed (i.e., payment of purchase fund) in accordance with its purport and use (the defendant is merely a borrowing of money from S after the normal execution of the corporate purchase fund as above). The court below found the defendant guilty of this part of the facts charged on the grounds as stated in its reasoning. The court below erred in the misapprehension of facts.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds of appeal by the defendant's ex officio, the prosecutor examined the part of the facts charged against the victim Busan Bank in the judgment of the court below. The prosecutor changed the part of "6 million won in total over five times" to "397 million won in total (a partial change in the contents of the list of crimes attached to the indictment)" (a partial change in the contents of the list of crimes attached to the indictment) of the facts charged against the victim Busan Bank. Since this court permitted this, the judgment of the court below was no longer maintained.

However, notwithstanding the above reasons for reversal ex officio, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this will be examined below.

B. The Defendant alleged the same purport in the lower court’s judgment, and the lower court convicted the Defendant of this part of the facts charged on the basis of the legal principles in the judgment and the circumstances acknowledged by the evidence in its holding.

The judgment of the court below is based on the purport of the corporate purchase fund lending system and the evidence duly adopted and examined by the court below.