The judgment below

The remainder, other than the part of the application for compensation, is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

【Judgment on Grounds for Appeal】

1. Summary of grounds for appeal;

A. In fact-finding the defendant did not deceiving the victims of the use of the borrowed money, and around November 2012, the defendant's business was relatively well-founded and sufficiently capable of paying the borrowed money.

In particular, in the case of the victim D, the crime listed in the separate list Nos. 2 is recognized. However, the remainder is not a loan made by the defendant against D on the ground of settlement of friendly conflicts, etc., but the defendant borrowed KRW 77,180,00 on 26 occasions from March 3, 2011 to February 17, 2013. The victim C borrowed KRW 79,250,000 on 109 and repaid the full amount of the loan. ③ The victim P received KRW 10,50,000 from February 29, 2013. The defendant borrowed KRW 2,60,000,000 from the Defendant borrowed money to the Defendant on 7,90,000,000 from January 29, 2013. The Defendant borrowed money from the Defendant on 7,000,0000 to 3,50,000,000 won from the Defendant borrowed money pursuant to the above loan purpose.

Therefore, the judgment of the court below which convicted all of the charges of this case constituted a case where there is no proof of a crime, except the remainder of the attached list No. 2 among the charges of this case.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, i.e., the Defendant entices the victims from the prosecution to the same background as the facts charged in the instant case.