A. Since the Defendant, at the time of borrowing money from the victim, explained in detail the financial status of the Defendant at the time of borrowing money, presented the repayment plan, and made partial repayment accordingly, there was no intention to obtain money from the Defendant.

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

2. Determination:

A. The court below duly adopted and investigated each evidence of the following facts: ① the victim loaned money from the investigative agency to the court of the court below in consistent with the following circumstances: (i) the amount of the defendant's debt explained by the victim was approximately KRW 850 million with the defendant's property; (ii) the amount of the defendant's debt was at least KRW 850 million with L apartment and Gangwon-gun with the defendant's property; and (iii) the amount of the defendant's property was at least KRW 800 million with the real value of each real estate is at least KRW 300 million, and there was a claim above 300 million, with the exception of the right to collateral security already established on each real estate; and (iv) at the time of lending money to the defendant, there was no explanation of the fact that the sum of his debt, such as the defendant's debt to M, exceeds KRW 400 million, and the amount of the defendant's property explained by the victim was at least KRW 200,000,00,000.