The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. In fact, the Defendant did not deceiving the victim company while concluding a loan contract with the victim company D (hereinafter “victim company”).

The Defendant stated that “the monthly rent of the gas station was in arrears for two months,” both the employees of the victim company and the lessor of the gas station in this case, and paid the lessor the amount of KRW 18 million out of the loans from the victim company to the lessor as the overdue rent.

The Defendant received approximately KRW 45 million from the victim company (the KRW 16 million is repaid to the existing loan company) and operated the gas station by purchasing the oil with KRW 35 million among them, but only the gas station was left due to the shortage of funds.

In addition, on the same day, the victim company's employee stated that "if there is no current gas station card sales, it is without approval for the loan, and even on credit, it is caused by card sales," and only caused the result of card sales by requesting the branch to purchase oil by prior payment.

B. In light of the various sentencing conditions, the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the following circumstances, the judgment of the court below that found the defendant guilty of the facts charged is just and it cannot be said that there was an error of law that found the facts erroneous.

Therefore, the defendant's above assertion is without merit.

① The instant gas station (excluding surtax) was actually operated by the Defendant from June 6, 2017 to June 20, 2019, the lease deposit amount of KRW 130 million to June 20, 2019, and monthly rent of KRW 10 million (excluding surtax) was actually operated by the Defendant. However, the Defendant from June 6, 2017 to acquire and operate the instant gas station.

7. The sum of up to 17.