Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

A. In light of the fact-finding (not guilty part) that the Defendant first stated that the Defendant “if the money that the Defendant would receive the delivery of the iron exceeds KRW 10 million, would be paid immediately after receiving wage if the Defendant lent 5 million to the Defendant the money that would reduce personnel expenses, and the victim also lent money to the Defendant for the aforementioned purpose on the certificate of content that the Defendant sent the money to the Defendant. In light of the fact that the Defendant’s obligation at the time of borrowing money amounts to KRW 20 million and not more than KRW 5 million and was in bad credit standing, the Defendant can be fully found guilty of the part of the facts charged in the instant case that the Defendant received KRW 5 million from the victim during June 201.

Nevertheless, the judgment of the court below which acquitted the above facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the content and nature of the instant crime of unfair sentencing, the lower court’s punishment (two million won of fine) is too uneased and unreasonable.

2. Determination

A. The judgment of the court below on the non-guilty portion of the facts charged of this case states that "the defendant, on June 201, did not receive the wages to be received from the police officers in the middle of 201 in excess of KRW 10,000,00,000, and did not receive the personnel expenses of the father who performed the same work, so if the defendant loans 5,000,000,000,000 won, he would settle the personnel expenses and pay it immediately after receiving the wages." At the time, the court below held that "the defendant, on the same day, by deceiving the victim even though he did not have any intention or ability to repay the debts even if he borrowed money from the victim due to bad credit standing, he would not receive the money from the victim, and received 5,00,000,000,0000 won from the victim and received the money from the victim, among the suspect interrogation protocol of the police officers against K and the suspect interrogation protocol of the victim and the victim."