The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The summary of the grounds for appeal that was received after the deadline for submitting the grounds for appeal expires shall be determined only to the extent that the previous grounds for appeal are legitimately supplemented, as of September 15, 2014 and November 7, 2014.

misunderstanding of facts: at the time of concluding a loan contract, the defendant provided the credit card sales claim of H-owned station as collateral to the victim CFF Capital Co., Ltd. (hereinafter referred to as the "victim Co., Ltd.") with the credit card sales claim of H-owned station, and notified the damaged company that the credit card sales claim was already provided as collateral for immediate settlement service use to K.

In addition, as the Defendant promised with the victimized company, from March 7, 2012, the Defendant made the credit card sales amount to the account of receiving the credit card sales amount of the victimized company to be deposited normally.

Therefore, there is no fact that the defendant deceivings the damaged company.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which affected the conclusion of the judgment by misunderstanding the facts.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On February 22, 2012, the Defendant and the facts charged (the Co-Defendant was the original co-defendant, who together referred to as the “Defendant, etc.”), concluded a loan agreement with the Defendant, etc. located in Seo-gu Incheon Metropolitan City, to obtain a loan of KRW 500 million from the damaged company (hereinafter “instant gas station”), provided 18 real estate and 12 kinds of machines and instruments, such as land for factory in Seo-gu, Incheon, Seo-gu and Jung-gu, J 103, etc. as security, and provided that if the credit card sales claim in the said H gas station was deposited into the card sales account in the name of Jung-gu, the credit card sales claim in the said H gas station was automatically transferred to the account of the victimized company on the day.