A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment became final and conclusive.

A. Some of the 180,000,000 won borrowed from the victim of mistake of facts (hereinafter “the loan of this case”) was used for a charnel project, and the remaining money was invested in FF engaging in credit business, and the Defendant was not returned because F was unable to recover the money borrowed from a third party, and the charnel project was not run properly, and the principal and the profits promised to the victim were not repaid.

In addition, the defendant's wife guaranteed the defendant's wife by borrowing money from the victim. At the time, the defendant's wife owned a house with a price of KRW 230 million, and the defendant also has a claim of KRW 300 million against H, I, and J, and thus the defendant's wife has the ability to repay the amount of KRW 300 million.

Therefore, the defendant did not have the intention to acquire the borrowed money of this case.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following facts are acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts: ① the Defendant borrowed the instant loan from the victim under the pretext of investing in the insurance business; ② the Defendant was unable to implement the business due to the lack of profitability; ② the Defendant actually invested in the Defendant, not the loan of this case, the insurance business as explained by the victim; ② the Defendant was engaged in the sales of a charnel house in the name of H, but the sales of a charnel house in the name of H was only entered into a sales contract for a charnel house in the name of H, and was not prepared for the sales price for a charnel house, and the possibility of making profits by re-sale was unclear; ③ the Defendant was not able to grasp the progress of the above charnel house in the process of the sales business and the details of the use of the money invested by the Defendant; ④ The F’s credit business was the amount invested by the Defendant.