A defendant shall be punished by imprisonment for four months.

Considering the fact that the amount that the defendant borrowed from the victim and has not repaid is up to 48 million won, that the defendant would set up a right to collateral security on the borrowed money as a security for the purpose of acquiring money from the victim, and that he would receive money from the victim trusted by creating the right to collateral security on the borrowed money. On the other hand, the defendant made efforts to recover damage, such as deposit for the victim at the time of the judgment of the court of first instance when the amount that the defendant acquired by committing the crime of this case was 20 million won and 7 million won out of the amount, the defendant who carried out the distribution business has been forced to commit the crime of this case due to managerial difficulties, it has been against the mistake, and other various sentencing conditions specified in the arguments of this case, such as the age, character and conduct of the defendant, the circumstances after the crime, etc., the defendant's argument is deemed unfair because the punishment of the court below is too inappropriate.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered.

Criminal facts

The summary of the facts and evidence recognized by this court is identical to those stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the crimes;