A. The Defendant had intention or ability to repay loans, while engaging in retail business normally.

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

2. Determination

A. On September 1, 2016, the lower court stated that: (a) the Defendant did not pay interest on the loan of this case for three months after the loan of this case; and (b) on November 8, 2016 after the loan of this case, the Defendant was in the state of not operating Schlage (Evidence No. 10, 11 of the record); (c) the Defendant used the loan of this case for hospital expenses, divorce, consolation money, living expenses, etc. (the Defendant used the loan of this case as funds for living, and was in almost every other life at the investigative agency, with the Defendant’s use of the loan of this case. In addition, the Defendant stated that the Defendant was able to use the loan of this case for the purpose of living, and that he was able to do so.

) The circumstances do not seem to have been used as the Schlage’s operating fund, the period of lease for commercial buildings, which the operator of the FM would operate the FMM, is less than 10 months (one hundred and five million won in total) and the quantity and fixtures of the goods purchased from Schlage for sale (the Defendant did not submit materials on the goods, etc. purchased additionally for Schlage’s business after the loan of this case).

(2) In light of the facts stated in the judgment below, the Defendant convicted the Defendant of the charge of the instant loan by deceiving the victim as stated in the facts constituting an offense, in full view of the Defendant’s assertion that the Defendant actually received the instant loan to operate Schlage, and the amount of the Defendant’s debt at the time of the instant loan, etc., the Defendant convicted the Defendant of the facts stated in the judgment of the court below.