The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts: (a) around May 2012, the Defendant was able and able to prepare the loan money within two months from the date of establishment of the right to collateral security from the victim in return for lending KRW 30 million to the victim; (b) however, the Defendant did not prepare the loan money after being established even when the right to collateral security was not established because it did not mean the operation of the factory.

Therefore, the judgment of the court below that recognized the crime of fraud against the defendant even though the defendant did not have the intention of deception, is erroneous in the misapprehension of facts, which affected the conclusion of judgment.

B. Unreasonable sentencing: The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

A. According to Article 19(2) of the Regulations on Special Cases Concerning Promotion, etc. of Legal Proceedings, in a case where summons of the defendant against the defendant is made by public notice in the trial proceedings of the first instance, the court is required to be absent from the defendant summoned by public notice at least twice to render a trial without the defendant’s statement. Therefore, in a case where the defendant summoned by public notice is absent, the court may proceed with the trial proceedings where the defendant is absent only when the defendant is absent after designating a new trial date and re-satising the defendant by public notice (see Supreme Court Decision 2011Do1094, May 13, 201). According to the records, the court below shall serve the eight trial date on November 2, 2015 by public notice after designating the eight trial date on November 15, 2015, and serve a copy of the indictment and a writ of summons on the date of examination of evidence at the trial date of the second 15th 20th 15th 2015.

According to the above facts, the judgment of the court below is the litigation procedure.