The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. In fact, the defendant was unable to lend money from the victim D as stated in the judgment of the court below. However, the defendant had the intent and ability to repay the borrowed money from the victim at the time of borrowing the money, and there was no intention to acquire the borrowed money by fraud.

Nevertheless, since the court below found the Defendant guilty of the facts charged in this case, it erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Even if it is not an unreasonable sentencing decision, the lower court’s sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, it is recognized that the defendant paid a sum of approximately KRW 87 million to the victim at the time of borrowing money from the victim; the defendant borrowed money from the victim; the defendant did not have any particular property at the time; the defendant did not have any personal taxi business at the time; and only 1.5 million won per month; but the defendant used it for the defendant's repayment of the front line obligation; the defendant paid a sum of KRW 2.5 million interest to the victim five times from May 2, 2006 to October 30, 2006; and there was no additional payment up to now.

In full view of the above Defendant’s financial status at the time of borrowing the above money, it shall be deemed that the Defendant received the above money by fully recognizing the fact that there was no intent or ability to repay the money at the time of borrowing or that it is difficult at least to do so in a normal manner. Therefore, it may be recognized that there was a criminal intent to defraud the above borrowed money.

Therefore, the court below's finding the Defendant guilty of the facts charged of this case is just and acceptable, and there is a mistake of facts alleged by the Defendant.