The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 borrowed money from the victim with the intention to use it as agreed money, and notified this fact to the victim, so there was no deception for the victim, and there was no fact in collusion with C.

Therefore, the defendant conspireds with C to obtain 14.8 million won from the victim.

The lower court, which determined the seal, erred by mistake.

2) The punishment sentenced by the lower court (an amount of five million won) is excessively unreasonable.

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

2. Determination

A. According to the records of ex officio determination, the Defendant was sentenced to a suspended sentence of two years for six months of imprisonment by the Daejeon District Court on April 26, 2017 due to a crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the Daejeon District Court. On May 5, 2017, the above judgment became final and conclusive.

Since the crime of the judgment of the court below and the above violation of the Punishment of Violences, etc. Act (joint conflict) against the defendant for which judgment of the court below became final and conclusive are concurrent crimes with the latter part of Article 37 of the Criminal Act, a punishment for the crime of the court below shall be imposed in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act, so the

However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.

B. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the fact that the Defendant conspired with C to obtain money from the injured party may be fully recognized.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant, which affected the judgment.

1) The victim is the defendant.