A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

A. The Defendant, at the time of misunderstanding the fact, borrowed money to the victim within one month.

The loan of this case was intended to be repaid through the initial project progress expenses related to the project, because there was no word, and there was no intention to deceive the victim from the beginning, since the project was carried out with the "D's composite construction project", and thus, the loan of this case was intended to repay through the initial project progress expenses related to the project.

Nevertheless, the lower court found the Defendant guilty of the facts charged.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court did not accept the Defendant’s above assertion and found the Defendant guilty of the instant facts charged in full view of the facts revealed through the evidence duly admitted and examined.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. In light of the following: (a) the Defendant’s conviction was examined as to the wrongful assertion of sentencing; (b) the Defendant paid KRW 10 million to the victim in the first instance; and (c) the remaining amount of KRW 2.5 million up to April 30, 2021; and (d) the victim agreed with the victim to pay each amount until September 30, 2021; and (b) the victim does not want criminal punishment; and (c) there was no record of criminal punishment against the Defendant; and (d) the Defendant’s age, character, environment, social relation, etc.; and (e) the reasons for sentencing indicated in the argument and the record of the instant case, such as the Defendant’s age, character, social relation, and social relation, the Defendant

3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is made in accordance with Article 364 (6) of the Criminal Procedure Act.