A defendant shall be punished by imprisonment for a term of one year and two months.

A. As to the facts constituting a crime listed in Articles 3 and 4 of the judgment of the court below in misunderstanding of the facts, the Defendant, while continuing to engage in a bond business operated by Q and Q at the time of borrowing money from the victims, was expected to have the victims to pay interest and principal, and the Defendant did not borrow money by deceiving the victims even though he/she did not have the ability or intent to repay interest and principal, so it cannot be deemed that the Defendant has a criminal intent to commit fraud

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, comprehensively taking into account the evidence duly adopted and examined by the court below, the victims, namely, ① have consistently made a statement that they lent money to the defendant with the belief of the same end as the defendant stated in the facts charged up to the court of the court below, up to the time when the prosecutor's office conducted an investigation, ② the defendant stated that Q was aware that it was difficult to determine the company's situation from the time when Q would lend the bonds of high interest at the end of 2006, and ③ Nevertheless, the defendant stated that Q would have lent money to the victims by lending money more than one million won, taking into account the fact that Q would have borrowed money from the victims without the ability or intent to repay the money.

Therefore, the judgment of the court below does not contain an error of mistake, and this part of the defendant's assertion is without merit.

B. In full view of the following: (a) the point of inappropriate sentencing is examined; (b) the Defendant has no record of being punished for the same kind of crime; and (c) the victims have been paid KRW 12.5 million each to the victims during the appellate trial; and (d) all matters on the sentencing stated in the records of this case.