The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. On September 2, 2007, the Defendant borrowed KRW 10 million from E on July 2, 2007 as a fund for the operation of the Oil Center. However, on September 2, 2007, the Defendant borrowed KRW 20 million from the victim as a fund for the operation of the Service Company. However, on or around September 2007, the Defendant borrowed KRW 20 million from the victim.

Of the above 20 million won, 5 million won paid to the defendant as a check through E on September 2007, 2000 won cannot be recognized per se, and 15 million won deposited from E’s account to I on September 5, 2007 is the money borrowed by I from E.

The defendant, on September 2007, borrowed money from the victim for the purpose of operating the entertainment room on September 29, 2007 and October 1, 2007.

E The amount of KRW 24 million deposited on September 29, 2007 from the E’s account to the I’s account and KRW 16 million deposited on October 1, 2007 is the operation fund of the leap establishment operated by the victim, and the Defendant is not money borrowed from the victim as the operation fund of the entertainment room.

Then, the court below found the defendant guilty of this part of the facts charged by misunderstanding the facts.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. (1) The evidence duly adopted and examined by the court below and the court below, and the following facts or circumstances acknowledged by the records, namely, ① the defendant was introduced through Ma on March 6, 2007. On March 6, 2007, the defendant received KRW 40 million from the E’s account to G account even at the time when the victim acquired KRW 40 million from the victim as the fund for the anti-public business, and ② the victim was transferred money to the Defendant in trust with the Defendant, and thus, he continued to lend money through E (or E) by means of a kind of guarantee, as the victim lent money to the Defendant. The defendant did not use his own account in a transaction with the victim and used G account.