The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Summary of Grounds for Appeal

Since the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was in an internal relationship with the defendant, the defendant did not think that the defendant would receive a return of each of the money stated in the list of crimes in the original judgment, but the defendant did not borrow the above money from the victim.

Since the defendant transferred the Ecuas car under the name of C in the name of C with the consent of D and H, the defendant does not forge the certificate of vehicle transfer, but does not have any false entry in the register of automobile following the transfer of the name.

The defendant asserts that, with respect to the punishment imposed by the court below on the defendant (three years of imprisonment), the defendant is too unreasonable, and the prosecutor argues that the defendant is too uneasible and unfair.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), it is right that the court below judged that the victim cannot be deemed to have given money to the defendant, and the defendant has obtained money from the victim without the intention and ability to pay all the money stated in the crime sight table of the court below, and there is no error of mistake of fact

When the Defendant urged the victim to repay the previous borrowed amount of KRW 50,000,000,000 from the victim's previous loan, he would use the business fund to repay the previous loan amount with the previous debt, and came to borrow money from the victim from November 25, 2010. The Defendant, in the prosecutor's investigation, borrowed KRW 50,000 to the victim, and around December 2010, the Defendant would be free from the progress payment from the "P Jinhae Ship Seal Business".