The judgment of the court below is reversed.

Defendant

Imprisonment with prison labor for A and two years, six months, and one year, respectively.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (2013No456 case) (1) Defendant A provided 900 crums issued by K Co., Ltd. (hereinafter “K”) as security, upon receiving 250 million won investment money from the injured N, Defendant A provided 900 crums issued by K Co., Ltd. (hereinafter “K”), and the value is 5.4 billion won (6 million won per quarter).

Therefore, even though the above defendant had the intent and ability to repay the above investment amount to the extent that he provided sufficient security to the victim N, the court below convicted the defendants by misapprehending the legal principles or by misleading facts.

(2) Defendant B: (a) requested Defendant A to sell K K charnel facility on behalf of the Defendant; and (b) provided the above victim with a urnment certificate held by Defendant A as security; however, there was no involvement at all in receiving money from the victim N; (c) the lower court convicted the said Defendant by misunderstanding the fact and thereby pronounced guilty.

B. Each sentence (Defendant A: Imprisonment with prison labor for three years and six months, and Defendant B: imprisonment with prison labor for one year and six months) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the court below on the determination of facts and misapprehension of legal principles as to whether the certificate of sealing was effective, the following facts were revealed: ① Defendant B was the representative director at the time of the instant case; ② on September 19, 2007, K entered into a loan agreement with Gwangju Bank, Hansung Property Insurance Co., Ltd., flus Asset Management Co., Ltd., and Han Bank (hereinafter “loan Financial Institutions”) on both new construction and parcelling-out projects and a loan agreement for raising funds of KRW 80 billion; ③ K entered into a monetary trust agreement with Gwangju Bank as security for the said loan, and trust agreement entered into a monetary claim with the said Bank with the money claim amount of KRW 98,950 out of the total amount of KRW 100,000,000,000,000,000,0000,000 won, and ④ the said business agreement entered into the said loan agreement into the said loan agreement