The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Summary of Reasons for appeal

A. Fact-misunderstanding Defendant invested a portion of the borrowed money in virtual currency, and borrowed the money from the injured party without fixing the due date for payment in order to use the remainder for daily expenses, and invested 10 million won in virtual currency and used the remainder for daily expenses.

After that, since the price of the virtual currency has decreased and the defendant was unable to pay the borrowed money to the victim on the wind that the defendant was unable to pay the borrowed money to a third party, there was the criminal intent and deception of the defendant.

subsection (b) of this section.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it is recognized that the defendant deceivings the victim under the condition that he/she has no intent or ability to repay the borrowed money as stated in the facts constituting the crime in the judgment below and acquired the money under the name of the borrowed money, which can be fully recognized as the criminal intent of the

The defendant's assertion of facts is without merit.

B. Even though the defendant recognized the fact that he/she acquired money from the damaged person, he/she denies the crime in the court below, unlike the court below.

There is no circumstance that he/she did not agree with the victim even though he/she acquired money from a conditional recipient of livelihood benefits under the National Basic Living Security Act, which reaches KRW 17,200,00,000 from the victim, and endeavored to pay damages.

However, it cannot be said that the amount of fraud is too large.

Although there are three-time criminal records of imprisonment, including one-time criminal records and one-time criminal records of the same kind of imprisonment, the previous criminal records and the previous criminal records of the same kind of imprisonment are 20 years, there are no other criminal records.

The defendant's health is not good due to the heart color, etc.

. Other defendant.