The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. Circumstances favorable to the defendant are as follows.

There is no criminal record exceeding a fine, and there is no record of punishment for the same crime.

The defendant has the old-age and the second-class disability in need of support.

The defendant deposited 1.5 million won to the victim in the trial of the party.

Circumstances unfavorable to the defendant are as follows:

It is not certain that the amount acquired by the defendant is KRW 19 million.

Since 2012, the Defendant has not repaid the amount of damage for a long time.

Damage victims want to be punished by the defendant.

Despite the fact that the victim had extended the repayment date on several occasions between two years, the defendant did not repay the borrowed money.

Defendant

It seems difficult for the victim to be paid damages through compulsory execution due to the absence of nominal property.

In addition, in full view of the Defendant’s age, sex, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the instant arguments and records, the sentence of the lower court is too unreasonable.

The prosecutor's argument is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Code that aggravated concurrent crimes shall be determined as ordered in consideration of the various circumstances as seen earlier prior to the reasons for sentencing.