All appeals by prosecutors are dismissed.

A. Defendant 1) The aggrieved party was aware of the fact that the Defendant purchased and repaired a heavy vehicle and then lent money to the Defendant. The above type of the heavy vehicle trading business, in light of the nature of the business, requires a large amount of funds for purchasing a heavy vehicle and for repairing expenses at the early stage of the business. However, when the business stability occurs after the lapse of a certain period, the profit accrued. As such, the beneficiary was not able to secure profits on August 2012.

After August 2012, the Defendant paid almost all of the money borrowed from the injured party to the expenses related to repayment to the injured party and the business.

Nevertheless, the lower court found the Defendant guilty of borrowing KRW 26.7 million on September 6, 2012, KRW 10 million, KRW 9.7 million on September 22, 2012, and KRW 2.7 million on November 2, 2012.

2) The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. On May 2012, the Defendant: (a) purchased three used money borrowed from the injured party; (b) invested more than the originally anticipated repair expenses, etc.; and (c) sold the said vehicle at a price lower than the anticipated level; (b) the Defendant sold the vehicle at a lower price. The vehicle that the injured party purchases was naturally a large amount of repair expenses; (c) the Defendant could not pay interest calculated at the interest rate of 2.5% per month agreed upon to the injured party for about three months until the purchase; (d) there was no additional fund raised from the injured party; and (e) the Defendant was bad credit standing since August 200.

Comprehensively taking account of the above circumstances, the Defendant did not have any intent and ability to repay from the time of the first borrowing of money from the damaged person.

Even if it is required to do so, KRW 90 million on May 1, 2012, KRW 10 million on May 2, 2012, KRW 10 million on May 2, 2012, KRW 30 million on May 18, 2012, KRW 30 million on May 18, 2012, and KRW 31 May 31, 2012.