A. Although the Defendant had the intent and ability to repay the money as stated in the judgment of the court below from the damaged party at the time of borrowing the money, it was merely a failure to repay the money due to a change in the circumstances after the next use, the judgment of the court below which convicted the Defendant, even though he did not have the intent to commit a crime of deception and deception, is erroneous in the misapprehension of the legal principles and

B. The punishment sentenced by the lower court (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The lower court’s assertion of misunderstanding the facts or misapprehension of the legal doctrine can be acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the following circumstances: (i) the Defendant was liable for a loan of at least KRW 640 million to a large number of financial institutions from September 28, 2016, and (ii) the registration of provisional attachment entry or establishment of the right to collateral security has been completed multiple registrations with respect to the real estate owned by the Defendant; (iii) the Defendant appears to have been liable for a large number of obligations to general creditors other than financial institutions; and (iv) the Defendant was deemed to have sold a large number of obligations to the creditors other than the Defendant. In particular, around September 2015, Ycheon-si I Apartment apartment No. 101, 105, which was owned by the Defendant; and (iv) the amount was sold to a third party through a voluntary auction with respect to 105,000,000 won, which was owned by the Defendant around September 28, 2016.

Although the statement was made, the defendant did not pay the above amount until now, and (4) the defendant had a obligation to lend a large amount of money from the damaged party, as seen earlier on September 2016, and had to raise living expenses with the money received from the damaged party. Thus, the defendant has suffered from the damaged party.