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

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

A. The Defendant borrowed money from the victims as business funds, and the Defendant did not have the ability to repay and did not have the intent to repay all the facts charged of this case from the beginning on a different premise. However, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s imprisonment (ten months of imprisonment) against the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles in the court below, the defendant asserted that he was not guilty as in this part of the grounds for appeal. However, the court below found the following facts and circumstances acknowledged by the court below based on the evidence duly adopted and examined by the defendant, including the statement of victims and persons concerned, part of the defendant's statement, credit-related materials of the above company operated by the defendant, etc., i.e., ① although the defendant borrowed money from the victims and was responsible for the defendant to repay the borrowed money, the defendant was not responsible for the defendant's lending of money to the victims who requested the payment of the borrowed money for the operation of E and M Co., Ltd., or the victim who borrowed money from the victims during the civil procedure raised by the victim C or during the investigation process of this case. ② At the time of the borrowing, the defendant did not have the ability to pay the borrowed money within the agreed period of payment even if he borrowed money from the victims without any specific property. ③ The defendant borrowed money from the victim B to the victim and the victim for the year 2010 million.