A. At the time of borrowing money from the victim of mistake of mistake, the Defendant had the intent and ability to repay the borrowed money.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by the lower court’s occupation, monthly income, the current status of interest payment, etc. and evidence as follows, i.e., the Defendant borrowed money at the time of the commencement of living with the victim, i.e., the Defendant borrowed money at the time of living with the victim, i.e., the Defendant’s living with the victim, ii) the Defendant did not pay interest on June 2013 after the joint living relationship with the victim was terminated, ii) the Defendant paid only part of the interest before the victim filed a complaint, iii) the balance of the passbook in the name of the Defendant was KRW 3.7 million at the time of borrowing the money from the victim, and i.e., the Defendant had no intent and ability to pay the money to the Defendant when he borrowed the money from the victim.

Therefore, the defendant's assertion of mistake is without merit.

B. In light of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable and inappropriate in light of the following factors: (a) the Defendant did not reach an agreement with the victim or did not repay the borrowed money; and (b) the Defendant’s age, character, and environment; and

Therefore, the defendant's assertion of unfair sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.