A defendant shall be punished by imprisonment for not less than one year and six months.

A. Fact-finding and misapprehension of legal principles that the defendant received money from the victim F in the original judgment, but the victim did not borrow money from the victim, but invested money in order to receive a high interest rate from the defendant.

Since the defendant has been infinitely repaid part of the principal that he received to the victim and has been continuously paying interest, the defendant did not deceiving the victim and have the intention of repayment and ability to repay to the defendant.

Therefore, even though the defendant did not intend to defraud the victim by deceiving the victim, the judgment of the court below is erroneous in misconception of facts and misapprehension of legal principles.

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

2. Determination:

A. If the criminal intent of defraudation, which is a subjective constituent element of fraud, of mistake of facts and misunderstanding of legal principles, is not the confession of the defendant, it shall not be determined by taking full account of the objective circumstances such as the defendant's financial power before and after the crime, the environment, the contents of the

(2) In order to raise loan funds, the principal of the victim must be returned in advance only three months, and interest shall be paid in three copies per month, and all 43.4.5 million won shall be paid in several times as stated in the judgment of the court below. (2) The defendant has changed in significant claims that had been loaned to marina and entertainment loans working in Gangnam-gu at the time of the judgment of the court below and the court of first instance, and the following circumstances, namely, ① the defendant provided credit business mainly to the employees of entertainment establishments in Seoul, Gangnam-gu, Seoul, with the principal. The defendant, who failed to meet the basic funds, agreed to pay the principal to the victim three months in advance, and received 4.4.5 million won every time as stated in the judgment of the court below.