The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Although the Defendant borrowed money from the victim as stated in the facts charged in this case, the Defendant, at the time of borrowing the money, was holding the property of KRW 10 million in apartment, singing rental deposit, KRW 80 million in the singing room premium, which is up to KRW 350 million in the market price at the time of borrowing the money. The Defendant had the intent and ability to repay the money for a considerable amount of monthly average income, and had the ability to repay the above money to the victim for a considerable period of time. On April 2008, the Defendant was subject to the disposition of suspension of the Defendant’s operation and the economic aggravation of the business, thereby making the payment of the money to the victim’s money worse, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the charges in this case.

B. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The Defendant denied the instant charges by asserting that it is identical to the aforementioned assertion of mistake in fact. As to this, the lower court rejected the Defendant’s assertion in detail by providing a detailed statement on the “determination of the Defendant’s assertion” as stated in Articles 3-10 of the written judgment of the lower court. In addition, the lower court’s judgment is closely examined by comparing the evidence duly adopted and examined, and further, the following circumstances acknowledged by the aforementioned evidence: ① the apartment price of the Defendant’s apartment owned by the Defendant, the amount of the debt guaranteed by the Defendant, the maximum debt amount secured by the right to collateral security, the amount of the debt guaranteed by the Defendant at the time of borrowing the money from the victim, the amount of the debt guaranteed by the Defendant, the amount of the debt guaranteed by the right to collateral security established by the Defendant at the time of singing, and the monthly average profits of the Defendant