The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The summary of the grounds for appeal does not include 20,000,000 won in the amount of loans to H and I and 20,000 won in the number fraternity where the principal is a fraternity. The amount the victim remitted to the defendant for a loan is 315,220,000 won, and the defendant did not have the intent or ability to repay the amount borrowed to the victim.

Therefore, although the court below found the defendant guilty of the facts charged of this case, it erred by misapprehending the legal principles that affected the judgment.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor deleted "Articles 37 and 38 of the Criminal Act" from among applicable provisions of law in the trial of the party, and applied for changes in the indictment as follows. Since this court permitted this, the judgment of the court below was no longer maintained.

Around July 1, 2008, the revised Defendant made a false statement to the effect that “When he/she lends money to the victim D, he/she shall give four installment payments, and the principal shall be repaid.”

However, the defendant has no particular property at the time, while the defendant has run a credit business in fact by lending money borrowed from others to gambling persons without any capital, collecting the money and paying the remaining money with his own profits. The other party who borrowed the money was unlikely to recover the loan in a stable manner from gambling persons, etc. who have no particular financial resources, and thereby, there was no intention or ability to repay the money even if he borrowed money from the victim.

The defendant deceivings the victim as such, and is under the name of the defendant on the same day from the victim.