The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. The 8-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.

2. It is clear that the amount of damage to the instant crime reaches KRW 41 million, and that the remaining amount of damage, excluding KRW 2.7 million, paid by the Defendant at the lower court, has not been restored to the past four years since the date of the commission of the instant crime, etc., shall be considered as important in the sentencing of the instant crime.

However, the circumstances such as deceiving the use of the borrowed money or notifying the victim of false facts about the history of its change, rather than using the method of active deception, which appears to have been committed by dolusent intentional act, and considering the relationship between the defendant and the victim or the circumstances leading to the instant crime, etc., it appears that the injured person would have been aware of the ability of the defendant to repay the funds of the defendant, taking the attitude of recognizing and opposing the defendant's mistake, taking the attitude of recognizing and opposing the defendant's mistake, without any particular criminal history other than sentenced to a fine twice due to drinking driving, and the fact that the defendant repaid 270,000 won to the victim at the

When considering the above circumstances and other circumstances such as the defendant's age, sexual conduct, environment, circumstances of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the judgment below is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;