A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. There is no fact that the Defendant, as stated in the facts constituting a crime in the judgment of the court below, did not deceiving the use of the borrowed money, nor deceiving his ability to repay and his intention to repay.

Nevertheless, the lower court, which found the Defendant guilty, erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

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

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant could be deemed to have taken the victim by deceiving the victim as stated in the facts constituting the crime in the lower judgment, thereby deceiving the victim of KRW 21 million.

Therefore, this part of the defendant's and defense counsel's assertion is without merit.

① According to the statement, etc. made by the victim’s investigative agency, the Defendant was thought to use a loan from the victim to repay other debts. However, the Defendant wanted to help the victim to have the victim pay money urgently due to the failure of the principal owner around the house that he/she was aware, and attempted to help him/her to do so. If the Defendant borrowed the money that he/she would have to repay immediately, he/she could have borrowed the money that he/she would have to do so, he/she could have by deceiving the purpose of the loan.

In addition, even though the defendant had a large amount of debt and no particular property or income, he/she had the ability to repay with the victim as if he/she had the ability to repay before borrowing money from the victim.

② If the victim knew the above facts, it seems that the Defendant did not borrow KRW 21 million, which was difficult to gather while working as a cleaning agent, etc. without any particular security.

(3) The defendant was unable to fully pay part of the borrowed principal to the victim for a period of more than one year after receiving KRW 21 million from the victim.

④ The Defendant led to confession of the facts charged during the second trial of the lower court.