A defendant shall be punished by imprisonment for not less than two years and six months.

A. Although the defendant did not receive a loan from the victims without the intention of repayment from the beginning, the judgment of the court below which convicted him of the facts charged in this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the evidence presented by the court below as to the assertion of mistake of facts, the following circumstances, namely, ① purchased three or more trucks exceeding 100 million won per unit during five months, and received each of the instant loans; ② repaid 10,980,133 won in total with respect to loans on April 29, 201; ③ the amount of redemption in total three loans is merely a small amount compared to the total amount of loans; ③ even if the Defendant purchased the truck, the Defendant borrowed the truck since it was no cost of maintaining the truck even if it was purchased; ④ the three truck was established as a mortgage to secure the repayment of the loan immediately after the victims’ loan, the Defendant transferred possession to another person immediately after the victims purchased the truck; ⑤ The Defendant did not know that he/she had the capacity to obtain a large amount of loans from each of the Defendant’s intent to acquire and borrow the loan by borrowing a total of KRW 90,000 from Q to the time he/she borrowed the truck from each of the victims, and thus, the Defendant did not know that he/she was aware of his/her personal particulars.

B. The amount of damage on the assertion of unfair sentencing is a large amount, and the defendant made efforts to recover damage.