The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1. A crime of fraud under Article 347 of the Criminal Act is established by deceiving a person to receive a property, acquiring a property interest, or having a third party receive a property interest, or making a third party obtain a property interest, and it does not matter how much the value of the property or property interest received;

(See Supreme Court en banc Decision 2005Do7288 Decided April 19, 2007). 2. Review of the reasoning of the lower judgment and the record reveals the following facts. A.

On May 2, 2008, the victim entered into a comprehensive collateral guarantee contract with the new bank (hereinafter referred to as the "new bank") which is a principal debtor, to guarantee the new bank as a joint and several obligations, such as bill loans, deed loans, current and future loans, check-to-face loans, discount of bills, payment guarantee, sales bond transactions, mutual installment savings transactions, bond acceptance, securities lending, foreign exchange transactions and other credit transactions. The victim agreed to set the limit of guarantee amount as KRW 1 billion, and to set the date set forth in the "the future designation type" as the settlement term for the settlement of guarantee.

(hereinafter “instant probation guarantee.” Article 1(1)4 of the Agreement, which was made at the time of the instant probation guarantee, lists the types of the settlement term, and does not provide for “the future designation type.” In this case, upon the lapse of three years from the date of the instant guarantee agreement, the guarantor may designate the settlement term of settlement by written notification, but the settlement term shall be 14 days after the date of arrival of notice, and if short, the settlement term shall be 14 days from the arrival date of notice, the settlement term shall be 14 days from the arrival date of notice.”

B. D On May 6, 2008, the credit extended to the new bank with a general credit loan, the credit limit is KRW 896 billion for the credit extended, the expiration date for the credit extended, November 4, 2008, and the interest rate is 3. The distribution rate for the changed interest rate deposit certificate.