The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. The facts charged were modified in the trial of the Defendant, and the Defendant acknowledged Articles 1 and 2 of the revised facts charged on the third trial date.

1) The victim was aware that F, the Defendant’s wife, was not a joint and several surety, and thus, there was no deception against the victim as to the charge No. 3 of the crime in the judgment below.

B) The Defendant had the ability to repay and intent to repay money at the time of borrowing money from the damaged person, so there is no scope of defraudation by the Defendant.

2) Even if the sentencing was found guilty against the Defendant, the lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Before making a judgment on the grounds for ex officio appeal, the prosecutor applied for changes in indictments as stated in the column of “criminal facts” among the following facts charged in the trial at the trial at the court below. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below cannot be maintained as it is.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.

3. Judgment on the Defendant’s assertion of mistake of facts

A. According to the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion that there was no deception, the defendant could sufficiently recognize the fact of deceiving the victim as stated in paragraph 3 of the revised facts charged.

We do not accept the Defendant’s assertion of mistake as to the above facts.

① The aggrieved party shall set up a right to collateral security on an apartment by lending KRW 200 million to the investigative agency from March 2015 to the court below.