The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The accused is 5,900,000 won and 5,900 won.

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant did not agree with the victim, and efforts for the repayment of damage was not made at all, and the victim appears to have suffered a big mental suffering due to a continuous demand for repayment of loan, etc. The defendant, without attending the date of the decision of the court below, escaped and avoided criminal justice procedures, and the defendant was punished for fraud (one time), and the victim wanted to be punished by the defendant.

However, there are extenuating circumstances such as the defendant's mistake, the victim's exemption from immunity after this case, and the full amount of the loan is difficult to be considered as the actual damage amount of the victim, and all other sentencing conditions such as Defendant's age, character and conduct, environment, motive, means and consequence after the crime, circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court on each of the crimes of this case: Embezzlement and Breach of Trust, Type 1 (less than KRW 100,00), Type 1 (less than KRW 100,00), Special Convicts, Decision on the recommended range of punishment (basic area), Decision on the recommended range of punishment (within April 1 and April 4): Fraud, general fraud group, general fraud type 1 (less below KRW 100,00), Decision on the recommended range of punishment (where the risk of damage has not been substantially realized), and the majority of the disposition results in April 1 through 11, 200.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The facts constituting an offense acknowledged by this Court are as follows: the sum of KRW 37,294,206, which shall be 37,294,506, attached to the judgment of the court below.