The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant abused the trust relationship with the victim and acquired a total of 47 million won from the victim.

It is not good to commit crimes such as deceiving victims by using forged loan certificates, paying interest on high interest, and extending the due date for repayment.

The defendant did not pay the loan and agreed interest for a long time.

On the other hand, the following conditions are favorable.

Defendant reflects the instant crime.

The defendant repaid KRW 35 million before the prosecution, deposited KRW 10 million in the original trial, and deposited KRW 10.5 million in the trial.

The defendant has no power exceeding the same kind of electricity and fine.

In addition, considering the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions shown in the records and pleadings, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances in the front);