The punishment sentenced by the court below is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the Defendant leased the 5th floor building in Gangnam-gu Seoul Metropolitan Government FF building at the time of borrowing money from the injured party, but was in arrears equivalent to approximately KRW 24,640,00 for monthly rent and management expenses from September to December 2012, 2012; the Defendant did not have any certain income or specific property; and the Defendant would pay the victim a loan by the end of December 2012.

It is true that the injured party paid the borrowed money to the injured party, and the injured party urged the repayment of the borrowed money several times, but the defendant can recognize that the injured party did not fully pay the borrowed money up to the present day.

In this case, the defendant had considerable financial power at the time of the case, and used the amount of damage as company operating expenses.

In addition to the fact that one of the arguments is not submitted, and that the defendant was admitted to the facts charged in the instant case with the assistance of counsel at the original trial, and that there is no other circumstance to deny the credibility of the confession on the record, the intention of defraudation by the defendant can be recognized.

Therefore, the defendant's assertion of facts is without merit.

B. The amount of damage to the determination of the unfair argument of sentencing is not small, but the damage was not recovered.

Nevertheless, the defendant does not seem to be able to reflect.

Criminal records of the same kind of punishment and the suspension of execution.

However, it is necessary to consider equity in cases where the defendant is aged and has been punished together with the final judgment.

In addition, in full view of all the sentencing conditions shown in the records of this case, such as the character, character, environment, and circumstances before and after the commission of the crime, the sentence sentenced by the court below.