The defendant's appeal is dismissed.

Summary of Grounds for Appeal

misunderstanding of facts and misapprehension of legal principles are punishment for motor vehicle maintenance projects that lend money from G, and the defendant fails to pay the borrowed money as a result of the business difficulties, and there was no intention to commit fraud.

In light of the overall circumstances of this case of unfair sentencing, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

On the other hand, the court below rejected the above argument in the part on the "determination of the defendant and his defense counsel's argument" in the part on the grounds of appeal as stated in its reasoning, on the ground that the defendant made the same assertion as the grounds of appeal in this part. If the court below's above judgment is examined closely with the records and closely, the court below's judgment that found the defendant guilty of the facts charged in this case is just, and there is no error of misunderstanding of facts as alleged by the defendant, and the defendant'

The defendant, while facing management difficulties due to the unreasonable promotion and expansion of business, committed this case's crime, and the sum of fraud amount is 3.5 million won or more, and the defendant borrowed money from his neighboring relative and branch in a situation where lending is difficult through a strict examination of financial rights, and makes false statements differently from the fact that the victim is operating a maintenance plant normally, and made it difficult for the victim to take the victim's family member to take advantage of his/her promise such as giving jobs to his/her family member or allowing him/her to operate his/her parts agency, etc., and made it difficult for the victim to take advantage of his/her money financed by the victim, and caused the deficit of the maintenance plant to be financed by the victim. The circumstances where the defendant and the victim paid interest of at least KRW 90 million between the defendant and the victim are still remaining, and the victim wants to punish the defendant.