All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of the facts and misapprehension of the legal doctrine) The Defendant did not receive the amount of damage from the injured party, on the part of the victim, for the part of the victim to set up a right to collateral security on the land of Daegu North-gu

Therefore, the delivery of the amount of damage to the MS Savings Bank is not a disposal of property by mistake of the victim, but a disposal of property by mistake of the MS Savings Bank is not a crime of fraud.

B) At the time of establishing a right to collateral security on the said land, the victim did not ask or raise any question about the use of the loan. Therefore, even if the purpose of purchase of the steel is not realized, it shall be deemed that the victim agreed to receive interest and provide a collateral.

Therefore, there is a substantial relation between the defendant's deception and the victim's mortgage creation act.

It is difficult to see it.

C) At the time of borrowing the amount of damage from the injured party, the Defendant was sufficiently capable of paying the amount, and there was also a surety’s guarantee.

D) Nevertheless, the lower court erred by misapprehending the fact that the lower court convicted of the instant facts charged or by misapprehending the legal doctrine on fraud, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court (one year of imprisonment, two years of suspended sentence) is too unreasonable.

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

2. Determination

A. The determination of fraud as to the assertion of mistake of facts is established by deceiving another person to make a mistake by inducing a dispositive act, and by obtaining property or pecuniary benefits. Such determination must be based on the relation between deception, mistake, and property disposal.

On the other hand, what act constitutes a deception that causes mistake to others, and whether it is related to the mistake between such deception and property disposal.