The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of the facts, misunderstanding of the legal principles (A) fraud with respect to a loan for capital loan, which is a light of the victim (2015 senior group 7675) 1), the Defendant thought that N would introduce the applicant for personal rehabilitation and bankruptcy, and attempted to make a loan for the payment of the fee, and actually paid the fee to the person who connected the instant case through advertisement, etc. at the law office, and thus, the Defendant did not make an investment in a similar receiving organization in collusion with N.

2) At the time, the Defendant did not intend to acquire by deception the maximum amount of KRW 50,00 won on the real estate owned by Defendant land for the purpose of securing a loan to a loan to a light capital loan (hereinafter referred to as “a light capital”).

(B) Related to the habitual fraud against the victim R, etc. (2016 order 632) 1), the Defendant is merely merely a leading entity that did not proceed with the coophone business of this case and invested in the business. 2) The Defendant cannot immediately recognize the habituality of a large number of damages caused by one business. In order to recognize such habituality, it shall be clearly recognized that the habituality of the Defendant’s defraudation has occurred, and the lower court recognized it without a clear ground and erred by misapprehending the legal doctrine on habituality.

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

(The amount of loan made by a light capital shall be calculated on the basis of the amount actually paid by the injured party, not the amount specified in the loan contract, such as one copy of the crime committed at sight as stated in the original judgment.

In addition, due to the execution of the right to collateral security created by the defendant, the light capital, who received dividends of KRW 50 million, was recovered from all damages.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Determination on the grounds for appeal by both parties of the judgment ex officio.