The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant had intention and ability to repay the instant KRW 3 million at the time of borrowing the loan.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below as erroneous determination of facts. ① The defendant has already been liable for several places such as a bank or loan company in order to raise business operation funds, living expenses, interest on loans, etc. before and after the loan of this case. ② The defendant had no active property such as real estate, cash, and deposit claims, and the defendant had no active property such as real estate, cash, and deposit claims at the time of this case, and the defendant had no profit-making activity. ③ The defendant stated that the factory was used by the investigative agency for the payment of wages of 7 million won at the time of this case, but the defendant stated that the factory was used by the employees, and ④ the defendant has already been discharged for bankruptcy and exemption from liability under the condition of the total amount of principal and interest 288,000 won after the loan of this case. The defendant had no specific ability to obtain the loan of this case but to obtain the loan of this case at the time of this case.

Therefore, the judgment of the court below to the same purport is justified, and this part of the defendant's assertion is without merit.

B. The Defendant’s assertion of unfair sentencing is favorable to the Defendant that there was no criminal power prior to the instant crime.

However, the crime of this case does not have the intent and ability of the defendant.