Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant is guilty of facts in the judgment of the court below (hereinafter “instant criminal facts”).

(2) The sum of KRW 50,802,600,000,000,000,000,000 (hereinafter referred to as “the instant loan”).

(2) The court below's decision that found the defendant guilty of the crime of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment. (2) The sentence of imprisonment (eight months) sentenced by the court below is too unreasonable.

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

2. Determination:

A. The lower court’s determination on the Defendant’s assertion of mistake of facts reveals the following: (a) the victim borrowed the instant loan with the name of the business entity on the condition that the name of the business entity is changed because the victim himself/herself was equivalent to a public official because he/she was not concurrently employed or dual employment; (b) at the time, the Defendant had purchased real estate in order to start a business while residing in a house leased at KRW 4 million per month; and (c) the Defendant was liable for the obligation of KRW 150 million as a real estate security loan; and (d) the Defendant had borrowed KRW 1,90,000 from the victim’s first loan of KRW 1,90 from November 16, 2011 to April 7, 2011; and (d) the Defendant received notification of the establishment of a small and medium business start-up business, which was given notice of the scheduled loan of KRW 10,000,000,000,000 from the lender’s loan of this case.