The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. As indicated in the facts charged of this case, the Defendant, at the time of filing an application for the issuance of a letter of credit with the victim H and the victim IBK Bank Co., Ltd. (hereinafter collectively referred to as the “victim Bank”), had the intent or ability to pay for the letter of credit by the given time limit.

Nevertheless, the court below found the defendant guilty of the facts charged in this case since the defendant did not have the intent or ability to repay the letter of credit. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment

B. In light of the legal principles, the court below held that the Defendant lent the credit to E, and that the Defendant’s above act constitutes a deception against the victimized bank, on the ground that the Defendant’s corporate company C (hereinafter “C”) operated by the Defendant (hereinafter “C”) applied for the issuance of the credit and received the credit, while carrying out the act of importing freezing and freezing from G, even though the Defendant’s fact was that the F, operated by E, imported freezing from G.

However, C is the subject of responsibility and obligation as a party to all legal relations related to the credit, and the above act of the defendant does not constitute deception against the victimized bank.

Therefore, the court below erred by misapprehending the legal principles on the deception of fraud, thereby affecting the conclusion of the judgment.

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The Defendant, from August 201, to November 28, 2016, operated food materials trade business in Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

When the defendant imports goods under a credit, the financial institution issuing the credit first pays the import price to an overseas exporter, and the defendant is the financial institution.