A defendant shall be punished by imprisonment for not less than eight months.

A. In fact, the Defendant did not have any studio construction work in several places at the time of borrowing money from the victim, and there was no fact that the Defendant merely performed studio construction work in order to repay money to the victim at the expense of Pyeongtaek-si C (hereinafter “C”) by completing part of the above construction work, and there was no fact that the Defendant did not deceiving the victim, and there was no causation between deception, mistake, and dispositive act, and there was no intention to commit fraud.

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

2. Determination

A. Although the lower court also asserted the same purport as the grounds for appeal, the lower court found the Defendant guilty of the instant facts charged, and rejected the Defendant’s aforementioned assertion on the following grounds: “Judgment on the Defendant’s and the defense counsel’s assertion” as stated in the title below.

Witness

According to the respective legal statements of D, F, G, and E, each of the suspect interrogation records of the Defendant, E, each of the police statements of the prosecution, each of the suspect interrogation records of D with respect to D, and the prosecutorial statements of D with respect to D, the victim and F hear the contents of the business that the victim and F would pay KRW 100 million more than KRW 300 million if the victim lent KRW 300 million to perform the studio construction, and to confirm this, the victim and F would have met the Defendant in the cafeteria near the business site of Pyeongtaek-si International Ministry of Justice around April 2010. The Defendant, along with the victim and F, moved to C with the victim and F, sent to C land while divinging the real estate office, and told C to do studio construction work at that time. The Defendant concluded a contract to purchase the land at that time.