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

A. In fact-misunderstanding and misapprehension of the legal principles, the Defendant, from May 14, 2014 to December 12, 2014, borrowed KRW 1,465,015,00 in total, and repaid the borrowed amount exceeding the highest interest under the Interest Limitation Act, as well as the principal of the borrowed amount that has been repaid in excess of KRW 1,469,545,00,000, while having continuously engaged in money transactions with the victim over 383 times from May 14, 2014 to December 12, 2014, was removed separately from the borrowed amount of this case (18 million).

shall not be assessed.

B. The lower court’s punishment (4 months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the records, on May 17, 2017, the defendant was sentenced to five years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on May 17, 201, and the above judgment became final and conclusive on August 18, 2017, which was after the sentence

The crime of the judgment of the court below against the defendant and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment of the court below became final and conclusive are concurrent crimes in relation to the latter part of Article 37 of the Criminal Act, and the sentence should be imposed at the same time in consideration of equity in the case where the judgment is to be ruled at the same time pursuant to the main sentence of

The judgment of the court below is reversed ex officio, but the defendant's assertion of misunderstanding the facts and misunderstanding the legal principles is still subject to the judgment of the court.

B. As long as the defendant does not make a confession, the crime of defraudation, which is a constituent element of fraud in determining the misunderstanding of the facts and legal principles of the defendant, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, details of the crime, and the process of transaction before and after the crime. As to the method of raising funds to repay money borrowed from others in borrowing money.