All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

1. Summary of grounds for appeal;

A. misunderstanding of facts (with regard to the first judgment of the court below), the defendant lent the victim F's husband D with the business fund of KRW 13 million, and let the victim F use SM5 automobiles and freight trucks for business.

Accordingly, D, the victim F purchased the vehicle from the defendant as a third party, and the defendant did not bear the loan incurred at the time of the purchase of the above vehicle.

After that, when the defendant urged D and the victim F to pay the above KRW 13 million, D and the victim F would have used the above SM7 car as a collateral to pay the loan to the defendant, and the victim F would not be responsible for the payment of the remaining loan to the defendant. It is not a disposition of the above car by deceiving the victim to pay the remaining loan to the defendant.

Nevertheless, the judgment of the first court that found the victim F guilty of the charge of fraud against the victim F is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. In light of the background and degree of each crime, and the fact that part of the damage was recovered, even if the Defendant was found guilty, the punishment imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Ex officio determination

A. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the trial. As long as each crime of the judgment of the court below is in a concurrent relationship as provided in the former part of Article 37 of the Criminal Act, the defendant shall simultaneously render a judgment and sentence one punishment.

In this respect, the judgment of the court below is no longer maintained.

B. In addition, the prosecutor filed an application for changes in the indictment of the first instance judgment as stated in the following facts constituting the crime, and the subject of the judgment was changed by this court's permission.

The first judgment can no longer be maintained in this respect.

(c) except that;