A. When a mistake of fact-finding Defendant borrowed money from the victim, he/she had the intent and ability to repay the borrowed money to the victim.

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

2. Determination

A. 1) The lower court found the Defendant guilty on the following grounds: (a) from August 2015 to September 2015, the Defendant borrowed money from the victim; (b) from around 2000 to 34.9% per annum; (c) on March 20, 2015, the Defendant was liable for 40 million won per annum; (d) on March 20, 2015, the Defendant was not liable for reimbursement of KRW 32,700,000 for KRW 200 for KRW 60 to August 20, 2016; and (e) on March 20, 200 for KRW 10 to KRW 50; and (e) on May 20, 201 for KRW 20 for KRW 60 to KRW 30,000 for KRW 60; and (e) on August 20, 2016, the Defendant was not liable for reimbursement of KRW 40,000 for the loan.