The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

A victim who misleads the defendant about the summary of the grounds for appeal shall lend KRW 169,00,000,000, which is the second loan, in each subparagraph, with full knowledge of the defendant's ability to repay or credit at the time of January 12, 2015, and there is no fact that the defendant deceivings the victim.

The sentence of the court below (one year and six months) which is unfair in sentencing is too unreasonable.

Judgment

In light of the following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined at the court below as to the assertion of mistake, the Defendant was liable to pay excessive investment or loan charges to the extent that it is difficult to cope with the restaurant sales only, and even though the restaurant deposit did not remain almost, by deceiving the victim as well as the first loan 200 million won around August 2, 2015, and by deceiving the victim as well as the second loan 169 million won around January 12, 2015.

I seem to appear.

The Defendant, around August 2014, was liable for a large number of investments or loans as follows.

① The Defendant, upon the nonperformance of his previous restaurant, was released on parole at the end of 2009. Since May 14, 2010, in a case where: (a) the Defendant had an unreasonable expansion of business by operating a “AD restaurant” at the end of six months; and (b) the Defendant had an obligation of KRW 2 billion.

In such a situation, since September to October 2010, it was investigated from around March 2011 due to the fact that the victim acquired an investment amount of KRW 480,000,000 from AE, etc., and was prosecuted by this court 2013 senior 383 around March 2013, and the judgment was finalized on October 13, 2016 after being sentenced to two years of imprisonment at the appellate court on June 30, 2016.

On the other hand, around September 17, 2015, which is the first trial decision, the remaining amount of debt against the victim AE reaches KRW 218 million (the changed amount of KRW 262 million).

(2) The Defendant received an investment of KRW 220 million from N, and shall prepare funds by borrowing KRW 170 million from AF to borrow a lease deposit of KRW 170 million.