The judgment of the court below is reversed.

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

1. Summary of grounds for appeal;

A. As to Defendant 1’s mistake of facts and misapprehension of legal principles, Defendant 1 had the ability to repay KRW 100 million at the time of borrowing KRW 100 million from the Victim K, and the Defendant has consistently paid interest to KRW 40 million after the above loan and has paid interest to KRW 40 million, it is difficult to deem that the Defendant had the intent to defraud the Defendant. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. The following circumstances, i.e., the evidence duly adopted and examined by the court below and the court below on the defendant's assertion of mistake of facts and misapprehension of legal principles, i.e., the defendant was liable for KRW 50 million at the time, and KRW 100 million was used most at the time, and the defendant was unable to newly prepare the above KRW 100 million within a half of the month in which the defendant promised to pay money because the defendant was not confirmed to receive money from his parents, and the defendant was not obligated to pay money. ② The defendant was active property at the time in excess of the negative property at the time, so it is possible to pay the above borrowed money. However, the defendant's active property at the time should be deemed to have been the asset offered as security of the above KRW 50 million or difficult to immediately cash the above borrowed money. ③ The defendant asserted that there was income of KRW 100 million each month, but it is difficult to objectively confirm that the above 100 million was paid, and the above 100 million interest could not be paid immediately after the loan.