A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

A. Defendant 1’s mistake of fact (as to the lower judgment, Defendants 1 and 2) had the intent to repay and pay money from the victim V and F. When the Defendant borrowed money from the victim V and F.

2) The sentence of the lower court’s second sentence (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.

B. The lower court’s sentence No. 2 of the Prosecutor is too unhued and unreasonable.

2. Determination

A. On August 8, 2013, the summary of the judgment of the court below 1 on the Defendant’s assertion of mistake as to the Defendant’s fact-finding (the part of the judgment of the court below) stated that the Defendant made a false statement to the effect that “In order to promote to the insurance designer at the Korea Life Insurance Co., Ltd., within the Republic of Korea, the Defendant would first discharge the obligation owed to the Guarantee Insurance Company, first of all, pay the said obligation if the Defendant borrowed money, and pay the money as the team leader.”

However, in fact, the Defendant was in a situation in which the revenues were not fixed at the time, and the Defendant was liable to F for the 2,732,000,000 won for the loan to Catch Korea, KRW 2,294,000 for the loan to Catch Korea, KRW 2,294,000 for the loan to Catt Korea, and KRW 1,560,000 for the Lone Star Savings Bank, and was liable to pay the Defendant’s family living expenses only with the Defendant’s revenues, so there was no intention or ability to pay them normally even if receiving the money from the victimized party

Nevertheless, the defendant received 7,450,000 won in total from the victim's account in the name of the defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

나) 원심의 판단 원심은 피고인이 피해자 V로부터 위 금원을 차용 당시 다른 채무가 많아 피고인의 수입에서 생활비를 제외하면 정상적으로 채무를 변제하기 힘든 상황이었고 한화생명보험에서 받은 급여로는 생활비 쓰기에도 벅찼다는 점을 이유로 이 사건...