The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as there was no plan for personal rehabilitation at the time when the Defendant misunderstanding the fact-finding lending money from the damaged party, the Defendant did not have the intent to defraud the victim.

Nevertheless, the judgment of the court below that convicted the charged facts of this case is erroneous and adversely affected by the conclusion of the judgment.

2) The punishment sentenced by the lower court (an amount of KRW 400,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. On November 23, 2016, the summary of the facts charged, the Defendant reported an Internet advertisement stating that “a loan will be made” at the Defendant’s house located in Daegu-gu, Seo-gu, Seoul-gu, and sent a telephone call, thereby lending the Victim KON Co., Ltd., and call director Co., Ltd.

In the case of a loan counseling from the father, the counseling staff of each victim company “(200,000 won) shall be lent to the counseling staff of each victim company, and the interest rate of 27.9% per annum from November 23, 2016 to December 31, 2021 shall be paid after five years.

It is not required to file an application for individual rehabilitation or individual bankruptcy within six months after the loan.

“The phrase “ was false.”

However, at the time, the Defendant did not have any property to bear the obligation of loans worth approximately KRW 30 million, and immediately planned to apply for individual rehabilitation, so there was no intention or ability to repay even if the Defendant received a loan from the victim company.

On November 23, 2016, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 2 million from the Victim KON-based Loan; and (c) on the same day, the Victim KON Co., Ltd.

2 million won was remitted from father-ro to father-ro.

Accordingly, the Defendant’s loan to the Victim KON Co., Ltd., and the Victim Call Co., Ltd.

Degnating the father and obtaining a total of 4 million won from the victims and defrauding them.

B. The lower court determined that the lower court was guilty by comprehensively taking account of the evidence in its judgment.

(c)

(1) the review.