The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. At the time of borrowing money from misunderstanding of facts or misunderstanding of legal principles, the intention to repay and the ability to repay was constantly and the interest was not repaid and thus it was impossible to pay the borrowed money.

The defendant and E did not borrow money for the specific purpose at the time of pro-friendly relationship.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (six months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. On August 23, 2007, the charge of the crime of this case, on August 23, 2007, the summary of the charge of this case (A) on August 23, 2007, the defendant, at his own house located in Ansan-gu, Annyang-si, the defendant, even if he borrowed money from the victim, was considered to have lent it as a business fund to the company (D) operated by his own partner, and even if he borrowed money from the victim due to a very difficult economic situation, he did not have the intent and ability to repay it even if he borrowed money from the victim, and he borrowed money from the victim E, who is the neighbor, the neighbor, "I want to purchase a private taxi license, and I lend 17 million won, as you want to do so after the second month." The defendant received the cash of 17 million won as of the same day from the victim.

B. On January 5, 2008, the Defendant committed the crime of January 5, 2008, at the same place as Paragraph 1, 2008, and the facts are false on the part of the Defendant, even if he/she borrowed money from the victim, he/she thought that he/she would use it as business funds or as business expenses, and even if he/she did not have the intent and ability to repay even if he/she borrowed money from the victim due to a very difficult economic situation, he/she did not have the intent and ability to repay it.