The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

In light of the fact that the defendant led to the confession of the crime in the trial and reflects the mistake, and that part of the amount of damage has been recovered by returning about 350 million won to the victim several times of interest and principal, etc. [The prosecutor asserts to the purport that the amount actually returned is much less than 350,000 won since the victim repeated the process of re-lending the amount of loan from the defendant while the victim was refunded part of the loan from the defendant in the trial, but the amount actually returned is much less than 350,000 won. However, the amount of damage to the criminal facts in the judgment of the court below is already included in the returned amount (344-359 pages of the evidence record) and the victim stated to the effect that "the amount of the principal and interest that he received by mistake is more than 350,000 won" (372 pages of the evidence record) at the time of the prosecutor's statement, the victim's assertion is without merit. In light of the circumstance that the victim borrowed the money to the defendant, it is more favorable to the victim.

On the other hand, each of the crimes of this case requires a fund to lend money to the persons who are gambling, and in consideration of the form of deception and the scale of damage, etc., the responsibility for the crime is grave, the victim wanted to punish the defendant, and the defendant acquired money by deception from the victim.