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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for four months.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. In fact, the defendant had the ability to repay the loan or pay alcoholic beverages at the time of borrowing money from the victims or receiving alcoholic beverages, and actually paid interest and alcoholic beverage payment. The judgment of the court below which convicted the defendant on the premise that the defendant did not have the intent to repay the borrowed money or alcoholic beverage payment to the victims, is improper and it is unjust.
B. The sentence imposed by the lower court (two years of suspended execution in August, and one hundred and sixty hours of community service) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. According to the evidence duly adopted and investigated by the court below, among the facts charged in the instant case, it is acknowledged that the Defendant borrowed KRW 20 million from the victim C and F on September 23, 2009, but failed to repay it; the Defendant was supplied with alcoholic beverages related to call text business from September 23, 2009 to November 30, 2012, but the Defendant failed to pay KRW 13 million out of the price; and the Defendant was absent from debt excess on November 2013, 2013, and applied for individual rehabilitation to the Jung-gu District Court.
However, the following circumstances acknowledged by the Defendant, at the time of borrowing the above money or receiving alcoholic beverages, whether the said loans were repaid, or whether the Defendant had no intent or ability to pay alcoholic beverage bills, namely, ① the Defendant had been aware of the victims from the time of operating a dance hall called “Mcccccax” before September 23, 2009, and the said victims were those who deliver alcoholic beverages to the said Qcax; ② the said victims leased subsidies to the Defendant even when the said Defendant operated the said “Mcax”, and this is intended for the victims to deliver alcoholic beverages to the Defendant.