The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake, the Defendant was holding a claim against I with respect to I, and it was difficult to repay money borrowed from the victims because he was engaged in business and received profits.

In addition, the Defendant’s failure to receive money from the above I and did not intend to repay money from the victims due to the aggravation of financial circumstances due to the failure to receive money from the above I and to implement marina loans, etc., and did not intend to do so.

B. It is well known that the victims are also difficult to operate the business of the defendant, that the defendant has a claim to receive from I, and that the borrower promises the loan to the defendant, thereby jointly and severally guaranteeing the defendant's obligation or lending money to the defendant.

Therefore, there was no criminal intent to obtain property benefits and loans from the victims' joint guarantee from the victims, and there was no intention to obtain illegal profits, and there was no fact that the victims did not have any error about the defendant's ability to repay and intent to repay.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the Defendant guilty of the instant facts charged on the grounds of the evidence indicated in its reasoning, by recognizing the criminal intent of the Defendant’s defraudation, the intention of unlawful acquisition, and the mistake of the victims.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant was aware that at least the defendant could not repay the money under the name of the victim C with a joint and several liability and the victims.