The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the facts charged in the instant case did not specify when and where the public contest was conducted with respect to the public contest relationship among the facts charged in the instant case, the instant public prosecution should be dismissed pursuant to Article 327 Subparag. 2 of the Criminal Procedure Act.

B. In light of the purpose of the loan of this case and the situation of C Co., Ltd. (hereinafter “C”) at the time of borrowing, the Defendant did not have conspired with Co-Defendant B (hereinafter “Co-Defendant B”), and did not have functional control over the crime of this case, the lower court found the Defendant guilty without being guilty of facts. In so doing, the lower court erred by misapprehending the legal doctrine.

C. The lower court’s imprisonment (one year of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

2. Determination

A. The purport of Article 254(4) of the Criminal Procedure Act to specify the facts charged by specifying the date, time, place, and method of a crime is to limit the scope of the trial against the court and facilitate the exercise of the defense by specifying the scope of the defense against the defendant. Thus, in light of the nature of the crime prosecuted, it is sufficient to specify the facts causing the public prosecution by stating the time, place, method, purpose, etc. to the extent that it can be distinguished from other facts, and it is sufficient to specify the time, place, place, content, etc. of the public

Even if it is somewhat unclear or some of the facts charged, if the facts charged can be specified by the other indicated matters, and thus there is no impediment to the defendant's exercise of his/her right to defense, it cannot be said that the facts charged are not specified solely for such reason.

(see, e.g., Supreme Court Decisions 2008Do6222, Dec. 24, 2008; 2009Do1872, Nov. 25, 2010). Examining the record in light of the above legal doctrine, the facts charged in the instant case are as follows.