The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the original judgment is too unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant, even though receiving a loan from the victimized company, did not have the intent or ability to repay the loan in accordance with the agreement and acquired the loan amount of KRW 20 million, and the criminal liability is not less and less in light of the amount of the fraud, etc., and the agreement with the victimized company or the damage is not completely recovered.

However, in light of the fact that the defendant repents his mistake in depth and reflects it, the extent of the deception seems to fall under the case where the victim took out a loan from the victim, the fact that there is no record of being punished for the same kind of crime except for the case where the victim was sentenced to a fine for this type of crime, and that a total of KRW 1,3130,000 won was deposited in the trial for the damaged company by additionally depositing 1,3130,000 won in the damaged company. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Supreme Court sentencing guidelines established by the Sentencing Commission is unfair in the judgment of the court below that the scope of the recommended sentence for the crime of this case pursuant to the sentencing guidelines established by the Sentencing Commission is from 6 months to 6 months to 16 months to 1,000 won, the decision of the recommended area, the scope of the recommended sentence (basic area), the scope of the recommendation sentence (6 months to 16 months).

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.