The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

1. The gist of the grounds for appeal is that the Defendant did not borrow money from the victim Y, but was invested as a fund for the operation of the instant sexual traffic business establishment, and that the Defendant remitted totaling KRW 79,250,00 to the above victim from June 2, 2011 to November 17, 2012, the Defendant had intent to repay and ability to repay the amount of KRW 79,250,000 to the above victim, and thus, the judgment of the court below which found the Defendant guilty of the fraudulent portion out of the facts charged against the Defendant was erroneous in the misapprehension of facts, and the punishment of the court below

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant borrowed money from the victim Y and sufficiently recognized that the defendant had no intention or ability to repay money at the time of the crime of this case. This part of the defendant's assertion is without merit.

B. In full view of the fact that the Defendant agreed with the victim Y on the assertion of unfair sentencing, the Defendant was the first offender and was detained for about nine months in Japan and Korea, and all other matters on the sentencing specified in the records and arguments in this case, the lower judgment’s punishment against the Defendant is too unreasonable, and thus, this part of the Defendant’s assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by this court is identical to the description of each corresponding column of the judgment of the court below, except that the phrase " November 18, 201" in the 17th page 3 of the judgment of the court below is deemed as " November 18, 2010," and thus, it is also quoted in accordance with Article 369 of the Criminal Procedure Act.

The application of legislation;