A defendant shall be punished by imprisonment for three years.

A. At the time of borrowing money from the victims, the Defendant had the intent to pay the said money, and had the ability to pay the said money.

B. The sentence imposed by the court below against the defendant (five years of imprisonment) is too unreasonable.

2. Determination

A. In light of the following facts acknowledged by the evidence duly adopted and investigated by the court below in light of the facts alleged in mistake and misapprehension of legal principles, it is recognized that the defendant borrowed money from the victims even though he did not have the intent or ability to repay the victims' money.

㈎ 피고인은 피해자들에게 돈을 빌린 후 일정 기간 동안 이자를 지급해 왔던 것으로 보인다.

However, at the time of the Defendant’s lending of money from the victims, the Defendant incurred a large number of enemys in relation to G Coina operated by the victims to bear large amount of debts, and used the victims to repay their debts to others. In light of the financial situation of the Defendant at the time, the interest paid to the victims is also deemed to have been paid to the victims by means of money borrowed from others.

㈏ 피고인은, ‘피해자들로부터 돈을 빌릴 당시 E 사우나 건물 전부에 대한 처분 권한을 가지고 있었는데 위 건물의 가치가 약 86억 원 상당이었으므로 피해자들의 돈을 변제할 수 있는 재산이 충분히 있었다’는 취지로 주장한다.

However, at the time, the Defendant had a high interest rate of KRW 4.5 billion for loans related to private loan or acquisition, KRW 1.5 billion for the repayment of lease deposit, KRW 1.5 billion for G private loan or facility, KRW 7 billion for personal debt, and KRW 1 billion for private loan or facility, and KRW 4.5 billion for private loan or operating expenses.

In addition, the defendant is due to the interest of the above borrowed money and the cost of the private loan or operation, etc. because it is not well operated at the time.