Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

2. Each of the instant crimes committed by the Defendant with respect to the grounds for appeal is an unfavorable circumstance to the Defendant, inasmuch as the Defendant did not have the intent or ability to repay the borrowed money, by deceiving the victim a total of KRW 7.5 million on two occasions, and the nature of the crime is not good, and any damage has not been recovered and has not been agreed with the victim.

However, when comprehensively taking account of the defendant's age, character and environment, motive and circumstance leading to the crime of this case, means and result of the crime, and all of the sentencing conditions as shown in the arguments and records of this case, such as the defendant's age, character and environment, the motive and circumstance leading up to the crime of this case, the means and result of the crime, the circumstances after the crime of this case, etc., the sentence of the court below imposing a fine of KRW 5 million is somewhat unreasonable, by taking into account all of the following factors: the defendant's age, character and environment, the defendant's motive and circumstance leading up to the crime of this case, the circumstance after the crime of this case, etc.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as the entries of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the selection of punishment;