A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. In light of the fact that the Defendant, on June 2015, agreed on the amount to be paid by the Defendant with the Defendant as KRW 17 million, and received a disability pension of KRW 4.57 million each month, the Defendant had the ability to repay the borrowed amount. In light of the fact that, after the borrowing, the Defendant directly paid the Plaintiff KRW 22.6 million to the Defendant and paid the borrowed amount of KRW 29.8 million, it is obvious that the Defendant had the intention to repay the borrowed amount in light of the fact that: (a) the Defendant paid the borrowed amount of KRW 72.6 million directly to the Defendant; and

Meanwhile, at the time, the victim received the pension of KRW 8 million per month and borrowed money from the NIS. As such, there is no proximate causal relation between the false statement that the necessity of money for entertainment room business and the lending of the victim, and thus, it does not constitute the so-called “Fraud for use.”

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable, even if the Defendant’s fraud against the allegation of unfair sentencing is established.

2. Determination on the grounds for appeal

A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the judgment of the court below that found the defendant guilty of the facts charged of this case is just, since the defendant, although he did not have the ability to repay and intent at the time, could be sufficiently recognized that he deceivings the victim in the same manner as stated in the facts charged, and there is no error of law by misunderstanding facts

The victim is entitled to receive the pension of eight million won per month since he was disabled in the course of performing the North Korea - from the National Intelligence Service in the investigative agency.