A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

A. Although the defendant was sufficiently able to repay the money at the time of borrowing the money from the victim as stated in the facts charged of this case, the court below found the defendant guilty of the facts charged of this case. The judgment of the court below is erroneous in misunderstanding of facts or misunderstanding of legal principles.

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

2. Determination

A. The court below found the defendant guilty of the charges of this case in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below on the assertion of mistake of facts or misapprehension of legal principles: ① the defendant borrowed money from the victim as well as E at the time of borrowing money from the victim; ② the defendant stated that he paid the money borrowed from the victim as an insurance allowance other than the borrowed name in order to pay the defendant's insurance money to the customer at the time of borrowing; ③ the economic condition of large-amount policyholders, insurance contract circumstance, occupation, insurance premium payment and contract termination process, etc., the defendant received allowances by attracting the above large amount policyholders formally, and thereafter the defendant received allowances under the condition that the above contract parties returned defective payment. The court below's judgment is just and there is no merit in the above assertion.

B. Considering the fact that the Defendant in fact recognized and reflected the criminal liability of the instant facts charged on the grounds of the judgment of the lower court on the assertion of unfair sentencing, the lower court should have determined that the Defendant had no particular power in addition to the power of fine due to drinking driving, and that the Defendant agreed with the victim after the judgment of the lower court.