In misunderstanding of facts (the judgment of the court of first instance) the defendant did not make a false statement to the victim as stated in the facts charged, and there is no deception from the victim with regard to the defendant's intent or ability to repay money at the time of borrowing money from the victim.

The judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

Each sentence of unfair sentencing (the first judgment of the court below: Imprisonment with prison labor for six months, and a fine for negligence for ten million won) of the court below is too unreasonable.

Judgment

The defendant filed an appeal against the judgment of the court of first and second instance regarding the consolidation, and this court decided to hold a joint hearing of each appeal against the judgment of the court of first and second instances.

However, as long as the court maintains imprisonment with prison labor and fines sentenced by each court below as follows, it does not necessarily require that the same type of punishment should be selected for several crimes and sentenced to an aggravated punishment pursuant to Article 38(1)2 of the Criminal Act, the court shall not reverse the judgment below on the ground of the merger itself.

The grounds for appeal by the defendant are changed.

In light of the evidence duly adopted and examined by the lower court and the circumstances appropriately explained by the lower court, the lower court can be recognized that the Defendant deceivings the victim without the intention or ability to repay, thereby deceiving the victim of KRW 2347,00 from the victim.

Defendant’s assertion of mistake is not accepted.

The sentencing on the assertion of unfair sentencing is based on the statutory penalty, and it is a discretionary judgment that takes place within reasonable and appropriate scope, taking into account the factors on the sentencing prescribed in Article 51 of the Criminal Act.

However, the trial-oriented principle that is taken by our Criminal Procedure Act.