A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. Although the Defendant had the intent and ability to repay money at the time of lending money from the victim, the Defendant was unable to repay money due to the difficulty in managing the gas station thereafter, there was no intention to obtain money from the Defendant for the crime of this case.

Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment, which affected the conclusion of the judgment.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal of this case, and the lower court found the Defendant guilty of the facts charged of this case by determining that the Defendant had a criminal intent to obtain fraud, based on the circumstances stated in its reasoning.

Examining the reasoning of the judgment below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable. In so doing, the court below did not err by misapprehending the legal principles as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

B. If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the prosecutor’s assertion of unfair sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, the appellate court should respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court takes into account the following favorable circumstances: (a) the damage amount of the instant case was not recovered until now despite the fact that the damage amount was not so significant; (b) the Defendant did not have the same criminal power; and (c) the crime of the instant case was committed by the willful negligence and the degree of deception is not much serious due to the crime committed by the willful negligence.