The part of the lower judgment against Defendant A, excluding the dismissed part of the application for compensation, shall be reversed.

1. The lower court rejected the applicant C’s application for compensation for Defendant A, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation became final and conclusive immediately.

Therefore, among the part against Defendant A of the lower judgment, the rejection part of the application for compensation is excluded from the scope of the trial in this Court.

2. Summary of reasons for appeal;

A. Fact-misunderstanding (as to the fraud against the victim K), Defendant A merely lent money to the victim K because there is a lack of money to pay a fraternity to Defendant A, who is in friendship with the ordinary victim K on May 20, 2017, and there was no fact that H borrowed money as if H borrowed money. The victim K did not have the ability to pay the money, and it was only lent money to Defendant A by reporting the Defendant’s ability to repay and lending it to the Defendant.

Therefore, there is no fact that Defendant A conspiredd with Defendant B to commit a crime, there is no fact that the victim K was deceiving, and there was no intention to commit fraud.

Nevertheless, the judgment of the court below which found Defendant A guilty of this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) Defendant B received a request from Defendant A on May 20, 2017 and demanded the victim K to pay an advance payment of an advance payment for the marriage of H children, and Defendant B borrowed KRW 50 million as there is no time for Defendant A to pay an advance payment.

H The fact that he/she has fully repaid the amount that he/she has withdrawn from July 2017.

section 3.

Defendant A’s words are delivered to Defendant A to clarify that the person borrowing money is Defendant A.

Around 11:53 on the same day, the victim K confirmed that Defendant A borrowed KRW 100 million by means of Defendant A and telephone, and provided the above money to Defendant A.

In addition, Defendant B is the defendant A's intention to repay.