The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant

A.

1. Summary of grounds for appeal;

A. As to Defendant A1’s fraud, the Defendant merely borrowed KRW 30 million from the victim H, and did not know that the Defendant included KRW 10 million among the above KRW 30 million.

The Defendant actually used 30 million won borrowed as money deposited and operating funds, and merely was unable to repay the borrowed money due to the loss incurred in the operation of the marina, and thus, did not borrow money from the beginning without the intention of repayment or ability.

B) As to the injury, the Defendant did not assault the victim, but only incurred the victim's bodily injury in the process of reducing the victim's miscellaneous loss.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The prosecutor (as to Defendant B) consistently borrowed money from the father at the time of borrowing the case. The prosecutor (as to Defendant B), who had the father do not pay the money.

the Commission.

In light of the fact that Defendant B voluntarily used the above KRW 30 million in a personal rehabilitation case, and that the amount of damage was remitted to Defendant B’s account, etc., the fact that Defendant B conspired with the victims, as stated in the facts charged, can be recognized.

Nevertheless, the court below acquitted Defendant B on the ground that there is a lack of evidence to prove the facts charged, and the court below erred by misapprehending the facts.

2. Determination as to Defendant A’s assertion of mistake of facts

A. 1) As to the fraud, the lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of all the evidence in its judgment.

2) In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and examined by the trial court, the Defendant could fully recognize the fact of deceiving victims as stated in the facts constituting the crime in the lower judgment and acquiring money.