A. On June 11, 2009, the obligation of the borrowed money, as of June 11, 2009, was repaid to the victim three months after the fact-finding, and had the intent and ability to repay, such as possessing apartment houses equivalent to KRW 1.1 billion at the time of

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 5,000,000) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., (1) the victim has consistently stated from the investigative agency to the court below that it was not paid out of the loan amount of this case; (2) the balance of the defendant first borrowed the loan of this case from the victim as of June 11, 2009; (3) the balance of the deposit amount after the transfer or cancellation of the loan of this case is the mother-do without a limit to the loan of this case; and (4) in the apartment house located in Songpa-gu Seoul, Songpa-gu, Seoul, where the defendant owned at the time of borrowing the loan of this case, the right to collateral security and the right to collateral security of 300 million won for the loan of the financial institution was established; and (4) the defendant did not sell the loan of this case to the victim with his intention to borrow the loan of this case; and therefore, (4) the defendant did not sell the loan of this case to the third party.

B. The crime of this case is an unreasonable sentencing determination. The crime of this case does not include the fact that the defendant obtained money from the victim of pro-Japanese arrest several times for a long time, and the amount of damage is not specified.