All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Error of facts (Defendant B) Defendant B is not the actual operator of K Co., Ltd. (hereinafter “K”) and did not borrow money from the victim F.

Defendant

A as an actual operator of K, borrowed the K’s operating fund from the above victim, and Defendant B only promised Defendant A to borrow money from the above victim.

Therefore, it is unreasonable for the court below to find guilty of fraudulent part of the charges.

B. The sentence imposed by the court below on the Defendants (Defendant A: imprisonment of one year and six months and fine of two billion won, Defendant B’s imprisonment of two years and fine of two billion won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding Defendant B’s assertion of mistake of facts, the following circumstances are acknowledged.

① From around 2009, Defendant B lent and operated M, N, and H a third party’s business registration name in sequence, and was in charge of managing customers of each of the above companies.

Defendant

B closed the business of H around February 201 and transferred H’s business partners to K as it is.

Defendant

A has been carrying out the tasks directed by Defendant B while Defendant B operates each of the above companies.

② The victim F, who was an employee of K, stated consistently that Defendant B raised operating funds as an actual operator of K and managed its customers.

The representative of K in the name of K stated that the O, the representative of K, discontinued Defendant B, and the Defendants lent the name of K in the presence of the Defendants.

③ Defendant B, as an obligor, prepared and issued a notarial deed of a monetary loan agreement on the instant loan to X, the wife of the said victim.

④ The above Defendant’s intent to assist the above victim and his wife in doing so is a notarial deed of a monetary loan agreement on the borrowed money of this case.