The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

1. Summary of grounds for appeal;

A. In the criminal facts of the lower judgment, the Defendant merely received KRW 13 million in return for introducing AD with respect to the fraud of loans at the request of D and received KRW 13 million from AD to obtain loans from the former agricultural cooperative K branch of the defendant's dispatching agricultural cooperative, and there is no fact that D, etc. either conspired or led to each of the crimes of the instant case with D, etc., or led the execution thereof.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of ex officio determination, the defendant was sentenced to a suspended sentence of 2 months on February 16, 2007 to 8 months of imprisonment for the crime of forging official documents at the Gwangju District Court on February 24, 2007, and the judgment became final and conclusive on September 22, 2007, which was sentenced to a suspended sentence of 2 years of imprisonment with prison labor at the Gwangju District Court on September 14, 2007, and the judgment became final and conclusive on September 22, 2007, and on October 6, 2009. Each of the crimes of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, and thus, the judgment of the court below is no longer consistent with the final and conclusive judgment on October 6, 2009.

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

B. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, namely, I and H, who first participated in the instant crime, stated that Z et al. planned and led the instant crime and concealed the Defendant’s participation.