The sentence of the court below (six months of imprisonment) is too unreasonable.

Judgment

The Defendant asserts that he/she has used KRW 20 million out of the above money in the investigative agency, but the Defendant did not have any intention to commit the crime of this case, but stated that he/she used the money acquired as interest and living expenses for the existing loan (Article 33 of the Investigation Records), taking full account of various circumstances, such as the Defendant’s age, character, environment, motive, means and consequence of the crime, and consequence, that the Defendant paid KRW 8,80,000 to the victim with interest of KRW 52,00,000,000,000 in the first instance trial, and the additional payment of KRW 5,60,000 in the first instance trial was not recovered, but most of the damage was not agreed with the victim, and that he/she used his/her own house in the above money. However, the Defendant stated that he/she used the money acquired as interest and living expenses for the existing loan (Article 33 of the Investigation Records) and other various circumstances that constitute the conditions of sentencing as shown in this case.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.