The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Determination

A. On June 24, 2020, the defendant and his defense counsel stated a summary of the oral proceedings on June 21, 2020 at the fourth trial of the trial of the court below on June 24, 2020, and they merely stated that the defendant borrowed money from the victims for business purposes and borrowed money from the victims for business purposes, as stated in the facts charged of this case. There is no deception of the purpose of the loan as stated in the facts charged of this case, and the defendant did not repay the borrowed money to the victims because the defendant's business was not carried out smoothly due to the improper collection of claims by the victims. At the time of this case, the court below asserted that the defendant had intent and ability to repay.

The above assertion by the defendant and his defense counsel shall not be a legitimate ground for appeal, since it was filed after the deadline for submitting the grounds for appeal expires.

However, the above argument can be understood to urge the court to exercise its authority under Article 364(2) of the Criminal Procedure Act, so it will be examined first.

(2) Examining the following circumstances revealed by the evidence duly admitted and investigated by the court below, namely, ① the victims made a statement that corresponds to the facts charged in the instant case at an investigative agency, and the credibility of the statement can be recognized in light of the background and content of the statement, ② the Defendant’s statement at an investigative agency, and the details of the passbook transaction (hereinafter “Evidence No. 82”) of the Defendant, the Defendant appears to have failed to perform economic circumstances, such as: (a) the Defendant was liable for a large amount of liability to many people at the time of the instant case; and (b) the Defendant was in the course of carrying out his personal business at the time of the instant case, and (c) the Defendant may be able to repay the victims’ obligations