A defendant shall be punished by imprisonment for not less than three months.

except that the ruling shall be made for one year from the date of the final judgment.

A. misunderstanding of facts and misunderstanding of legal principles, the Defendant suffered damage from fraud since the loan of this case, and the Defendant’s father was unable to repay to the victim a house where the Defendant died and corporeal movables were forced to enforce compulsory execution on July 2018. At the time of the loan, there was an intention or ability to repay money to the victim.

B. The sentence imposed by the lower court on the Defendant (three months of imprisonment) is too unreasonable.

2. Determination

A. The following facts acknowledged by the court below based on the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts: (i) the Defendant borrowed KRW 10 million from the victim who was a former employee employee around March 30, 2018 to pay the amount of KRW 10 million within one month; (ii) the victim demanded the return of principal around July 2018, which was subsequent to the third month; (iii) the Defendant did not comply with the demand of the Defendant to return the principal until August 2018; and (iii) the Defendant invested the Defendant at the time of the instant loan without the occupation at the time of the instant loan; and (iv) the Defendant thought that the Defendant paid a full amount of KRW 10 million,00,000,000 to the shares; and (iv) paid a full payment if there was a loss incurred due to the investment of the shares.

In light of the fact that the defendant made a statement of "(Investigation Records 77 through 79)", the judgment of the court below that held that the defendant did not have an intent or ability to repay the money as promised to the victim at the time of the loan of this case is just, and the data submitted by the defendant at the trial is merely a situation after the loan of this case and it is insufficient to

Therefore, the defendant's assertion of mistake or misapprehension of legal principles is without merit.

B. In light of the content of the instant crime and the degree of the amount of damage, the relevant crime liability is imposed on the assertion of unfair sentencing.