A defendant shall be punished by imprisonment for not less than five months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

2. The crime of this case is a case in which the defendant has repeatedly borrowed and has not repaid the money by taking advantage of the victim's trust.

The economic and mental damage suffered by the victim is not significant because the defendant has borrowed money exceeding KRW 25 million but has not repaid it for a long time.

These points are disadvantageous to the defendant.

However, the Defendant is against the duty to recognize all of the crimes of this case when it comes to the trial.

In the trial, the defendant paid 15 million won to the victim and agreed with the victim.

A defendant has no record of criminal punishment other than a fine imposed once for a crime of foreign race.

These points are favorable circumstances.

In full view of the above circumstances and all other circumstances, including the Defendant’s age, character and conduct, and environment, and the sentencing conditions indicated in the instant pleadings and records, the lower court’s punishment is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act (the favorable circumstances among the grounds for reversal of the judgment above)

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud (the type 1] below 100 million won.