The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B Imprisonment with prison labor for not less than six months, and Defendant C.

【Reasons for Appeal】

1. Summary of grounds for appeal;

(a) The name of the defendant or victim shall not be indicated where the defendant or victim is specified, as the context requires;

As to the Defendant’s borrowing of KRW 75 million from the victim as stated in the facts constituting an offense (hereinafter “the instant borrowing”), there was a mistake as to the Defendant’s ability to repay because the victim was well aware that the economic situation is difficult for the Defendant, and thus, the Defendant did not mislead the Defendant’s ability to repay, and even though the Defendant did not deception the victim with regard to his ability to repay, or did not have intention to do so, there was a mistake as to the facts affecting the conclusion of the judgment by the court below that recognized the facts constituting an offense.

B. Regarding the loan of this case by mistake of facts or violation of Acts and subordinate statutes, even though Defendant B (1) was unaware of the intention of repayment or ability to make payment, and the Defendant did not do so by conspiracy with A or B, the lower court’s judgment, which neglected this, and recognized the criminal facts as it is, by mistake of facts affecting the conclusion of the judgment, or by violation of Acts and subordinate statutes. (2) The lower court’s imprisonment (eight months) against the Defendant of unfair sentencing is too unreasonable

C. As to the loan of this case by mistake of facts, Defendant C1 did not know that A did not have intent to repay or ability to repay, the Defendant merely provided a joint and several surety at A’s request, and did not belong to the victim on his ability to repay, and the Defendant did not conduct a public offering with A or B, but the lower court’s judgment which neglected this and recognized the criminal facts as they were, which affected the conclusion of the judgment, is unreasonable. 2) The lower court’s imprisonment (six months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court, the “criminal facts” and the gist of evidence regarding the Defendant in the lower judgment.