A. Defendant 1 was unaware of the fact that there was a intellectual disability on the part of the victim. Defendant 1 was unaware of the fact, and the Defendant borrowed money to repay debts, and did not deceiving the victim as stated in the facts charged in the instant case. At the time, the monthly income promised to repay the borrowed money from the victim for five years with a monthly income of KRW 4.5 million, and there was sufficient capability to repay the loan interest and part of the principal.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

B. The prosecutor (unfair sentencing)’s above sentence is too unhued and unfair.

2. Determination

A. 1) The summary of the facts charged in the instant case is as follows: (a) from March 1, 2016 to August 31, 2016, the Defendant: (b) knew that the Defendant had worked as a fixed-term teacher at D elementary schools located in Mapo-si, Mapo-si from March 1, 2016 to August 31, 2016; and (c) even if having borrowed money from the Defendant due to the circumstance where he/she bears interest on the bonds, he/she did not have an ability or intent to repay the said money; (d) the victim E, who is a public official in technical service, working in the same school administration office, did not have an ability or intent to perform the said act; (e) the victim’s total intelligence was about 64 years; and (e) the social age was not only about 10 years and 7 months; and (e) had the person with the intellectual disability of Do, he/she had a considerable fall in the capacity or ability to determine the amount of money;

A) On May 24, 2016, the Defendant made a false statement to the victim that “I need hospital expenses to go to the Earna Hospital, I would return money to Imna, I would return to Imna, and Imn's family would return to Imna with confidential treatment,” at D elementary schools located in Emna Si, Manpo-si, Manpo-si, Manpo-si, and the victim is affiliated therewith on May 24, 2016.