A. The Defendant had the intent and ability to repay money from the injured party at the time of borrowing the money, and the Defendant borrowed only KRW 26 million from the injured party, KRW 8 million on June 9, 2010, KRW 500,000 on June 21, 2010, and KRW 13 million on October 14, 2010 thereafter.

B. The sentence sentenced by the court below to the defendant (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning by finding the Defendant guilty of the facts charged of this case. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower judgment, the lower court’s aforementioned determination is just and acceptable, and there is an error of law

It does not seem that it does not appear.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change of circumstances that may be considered in the sentencing after the lower judgment’s determination on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.