A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. The Defendant, at the time of the instant loan loan, talks about the possibility of using the victim as the purchase fund of the I building and received money from the victim in addition to the F loan construction and the sale of the I building. Therefore, there was no deception by the victim as stated in the facts charged in the instant case.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the victim, consistent with the investigative agency and the court below’s ruling, stated that “When the Defendant, who became aware of D’s introduction, purchased the F land in Daejeon-dong, and borrowed it at that place, the purchaser is waiting for it. However, if the construction cost is insufficient, the interest would be repaid at a six-month period thereafter.” The interest would be paid at a rate of 4-5% per month, and the Defendant believed that the Defendant would be able to pay the interest at a rate of KRW 90 million until May 20, 208. However, the victim’s loaning money to the lower court and 4 months after the lapse of 4 months from the date, the Defendant was consistently asked the Defendant as well as the Defendant, and that the Defendant would have been aware of the credibility of the Defendant’s investment in the Plaintiff’s business from around 5 months before the date when the Defendant made a false statement to the lower court.”

The defendant building on the F site.