The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the amount of damage caused by the instant crime is not a large amount and that the agreement with the victim is not reached, the sentence of sentence is inevitable for the Defendant. However, in full view of the following: (a) the Defendant did not commit a crime in a planned manner from the beginning; (b) the Defendant purchased an apartment without considering his financial standing and capabilities; (c) but was unable to repay the borrowed loan borrowed from the victim due to his real estate economic depression, and there are many concerns for considering the circumstances in which the Defendant was unable to pay the borrowed loan from the victim; (d) the Defendant was aged 70 years old; (c) the Defendant suffered from her disease, such as depression and high blood pressure; and (d) there was no criminal conviction other than the previous offense subject to a fine of 30 years prior to the imposition of the fine; and (e) other sentencing conditions indicated in the records, such as

3. In conclusion, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;