A. At the time when a mistake of facts Defendant borrowed money from the victim C, the Defendant obtained a revenue while operating a restaurant, there was a revenue from her husband and her children, and the apartment was also purchased in her name, so her will and ability to repay the debt to the victim. However, from May 2013 to May 2013, the problem that the fraternity members of the fraternity operated by the Defendant did not pay the deposit money at the time, etc., caused the failure to repay the debt to the victim, and thus, the Defendant could not repay the debt to the victim. As such, there was no fact of deceiving the victim as stated in the criminal facts in the judgment of the court below, and there was no intention to defraud the Defendant.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the judgment of the court below in the erroneous determination of facts: (i) the defendant operated 6 knife system at the time of borrowing money from the victim; (ii) the monthly average of 10 million won, including the loan interest rate of KRW 3 million; (iii) the loan interest rate of KRW 4.5 million; and (iv) the monthly average of KRW 2 million; and (iii) the Defendant’s pension revenue of the Defendant’s husband was insufficient to cover the above expenditure amount (the Defendant’s income was KRW 7 million per month; and (iv) the Defendant’s apartment was owned in the name of son; (v) the Defendant’s income reaches KRW 7 million per month; or (v) the Defendant’s income was able to repay the Defendant’s debt by selling the apartment owned by the Defendant; and (v) the Defendant’s actual payment of the loan amount of KRW 10 million was not possible.