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

A. At the time of borrowing a loan, the Defendant did not deceiving the victim while stating that the deposit for the deposit for the lease was KRW 35 million and did not intend to acquire the money for the loan.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. Although the lower court also argued the same purport as to the facts charged in the instant case, the lower court determined that the Defendant by deceiving the victim without the intent or ability to repay the borrowed money, and rejected the Defendant’s assertion and convicted the Defendant.

A thorough examination of the judgment of the court below in comparison with the evidence, and the defendant stated in the police investigation that "the defendant borrowed money of KRW 35 million from the victim because he/she had a house living in his/her own possession and can receive a deposit from another person (Evidence No. 49)" (Evidence No. 112) and borrowed money from the victim while he/she stated that he/she would pay a deposit as a deposit in the process of investigation (Evidence No. 112). The court below found the defendant guilty of the charges of this case on July 13, 2012 by misunderstanding that the victim believed the defendant's horse and trusted the defendant's horse and transferred a bond of KRW 30 million to the defendant on the same day with a loan of KRW 40 million on the same day and KRW 5 million from the following day. However, the defendant's deposit at the time of borrowing was not more than KRW 6 million,000,0000 on the same day, and there was no error in the judgment below finding the defendant guilty.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is based on the personal trust relationship with the victim.