The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Defendant 1 issued promissory notes in the name of H without the Defendant’s wife H’s delegation in accordance with the Victim G’s proposal, and set up a collateral security on real estate under H’s name.

Since the victim was well aware of such circumstances, such an act by the defendant cannot be said to be a deception against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

2) The Defendant was unable to hear or obtain the victim’s “standards for eligibility for liquor loans” from the injured party.

Nevertheless, the court below erred in finding facts as if the joint and several surety in H’s name and the provision of physical guarantee were based on the above “Criteria for Qualifications for Alcoholic Beverages Loan”.

3) The Defendant was fully paid KRW 500 million loaned from the injured party, and the Defendant was entitled to refund the lease deposit amount of KRW 600 million to the lessor. However, the lower court erred by misapprehending the fact that the lease deposit was excessive to KRW 300 million, and thus, did not fully secure the loan amount of KRW 500 million.

The wrong determination was made.

B. The punishment sentenced by the lower court against the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. Judgment 1 on the assertion of misunderstanding of facts and misapprehension of the legal doctrine ) The Defendant also asserted the same purport as the foregoing in the lower court’s reasoning (A. 1).

In regard to this, the lower court agreed that ① the statement of G is consistent and reliable, ② the Defendant agreed to provide only the leased deposit as security in obtaining a loan of KRW 500 million.

However, in light of the victim's standards for loans and security under the "Rules on Qualifications for Alcoholic Beverages Loan", deposit money (in 300 million won) under the lease contract, etc., the defendant's above assertion by the defendant is difficult to believe, and the defendant and G are forged.