Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

A. The defendant does not borrow money by deceiving the victim without intention or ability to repay from the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the court below ex officio examined each crime listed in the list of crimes as stated in the judgment below, but in light of the fact that the date and time of each crime are different, each of the above crimes can be deemed as having a relation of substantive concurrent crimes.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, which affected the conclusion of the judgment.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, despite the above reasons for ex officio reversal, and this is examined below.

3. The defendant argued that the above assertion of mistake of facts is identical to the above assertion of mistake of facts, and the court below rejected the above assertion by giving a detailed statement on the decision.

Examining the judgment of the court below closely by comparing it with the records, the fact that the defendant deceivings the victim as stated in the facts constituting the crime in the judgment of the court below can be fully recognized.

Therefore, the judgment of the court below is just, and the defendant's above assertion is without merit.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed, and it is so decided as follows.

[Discied Judgment] Criminal facts and summary of evidence against the defendant recognized by the court is separate from the judgment of the court below.