A. In fact, misunderstanding of the legal principles, the Defendant had the intent to repay and pay money from the victims at the time of borrowing money from the victims, but the Defendant was unable to pay the remaining money due to a business depression and a high interest rate.

In addition, the sum of 487,698,310 won repaid after borrowing should be excluded from the amount of fraud.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, as to the whole charged facts.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated at the lower court’s and the lower court’s trial, the Defendant did not have an intent or ability to repay the principal and interest of the loan from the victims to November 28 of the same year from February 12, 2014 to November 28 of the same year.

It is reasonable to view it.

Therefore, the judgment of the court below to the same purport is just, and there is no error of law as alleged by the defendant.

① On 2003, the Defendant was in bad faith after he was in bad faith, and there was no particular property or income from the Defendant’s name from around that time.

② Around November 2013, the Defendant took over Esing in Gangnam-gu, Seoul, and borrowed KRW 40,000,000,000, out of security deposit and premium as corporate bonds, and the Defendant had a significant increase in the debt to be borne by the Defendant. Around that time, the Defendant began to prevent the so-called “return of interest that has been repaid with money from many people.”

③ At the time of the Defendant’s operation of singing rooms, monthly income was from KRW 2.5 million to KRW 3 million; when the Defendant combined management expenses, etc., monthly income is at least KRW 3 million, and the monthly income is used as funds for singing machines.