The defendant's appeal is dismissed.

1. The summary of the grounds for appeal asserted as the grounds for appeal even if the lower court erred by misapprehending the legal doctrine on the treatment of concurrent crimes, but explicitly withdrawn the above assertion on the second trial date.

A. In fact, the Defendant did not have been aware that the victim was or will be selected as the executor of the Urban Environment Improvement Project in the Dong-gu Busan Metropolitan City (hereinafter “instant redevelopment Project”).

At the time when the defendant borrowed money from the damaged party, the company of this case was proceeding to select the company as the executor of the above business under several contracts between the Busan Dong-gu Urban Environmental Improvement Project Association (hereinafter referred to as the "Association of this case").

Under such circumstances, the Defendant borrowed money from the victim, and the victim also borrowed money with knowledge that the financial situation of the instant company is not sufficient and that it is unlikely to be selected as an executor, and thus, the Defendant deceivings the victim about the circumstances related to the selection of the executor or the ability to repay.

shall not be deemed to exist.

The reason why the instant company was not selected as the executor of the instant redevelopment project, and eventually, it was impossible to repay the borrowed amount is because the said association did not have a fiduciary relationship with the Defendant and selected another company as the executor by means of a competitive bidding. This was the circumstance that the Defendant could not at all be anticipated at the time of the loan.

In light of the above circumstances, the court below found the defendant guilty of the facts charged of this case, although it cannot be deemed that the defendant had a criminal intent of deceiving the victim or defrauding the defendant with regard to whether the defendant was selected as an executor, whether the defendant had a legal intention and ability to defend the victim, and the next name timber.

B. The sentence sentenced by the lower court (two years of suspended sentence in August) is too unreasonable.

2. Determination: