The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The defendant had the intent and ability to repay the money when borrowing the money from the victim.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant alleged that he could obtain a loan from the second financing right as collateral and repay the debt of the instant loan. Thus, considering the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the first appraisal price of the said private loan in the auction procedure commenced on July 29, 2004, but the amount was awarded KRW 870 million to G around November 14, 2007; ② the Defendant offered the above private loan amount of KRW 1.5 billion to the above 2.5 billion at the time of the above auction procedure; ④ The Defendant, who was well aware of the circumstances of the above 2.5 billion loan from the Korea Exchange Bank around September 24, 2009; ④ The Defendant’s assertion that the amount was KRW 1.5 billion to be paid to G, including the Defendant’s debt amount of KRW 70 million to the Korea Exchange Bank and KRW 2.5 billion to the obligee’s debt amount of KRW 1.5 billion,500 million.