The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below on the defendant (four months of imprisonment) is too unreasonable.

2. Before making a judgment on the grounds for ex officio appeal, the prosecutor applied for changes in indictment with the contents of “the part of the judgment in which the facts charged are used again” as stated in the facts charged at the trial below. Since the subject of the judgment is changed by this court’s permission, the judgment of the court below is no longer maintained.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.

【The part of the judgment to be used again】 The defendant did not have any intention or ability to complete payment, even though he borrowed money from others, since his personal debt reaches at least KRW 1550 million, and the business funds of “C” operated jointly with others are also insufficient.

Nevertheless, the Defendant:

1. On January 11, 2012, through E in front of the “C” door, “C” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, stating, “A” to the victim F, through E, that “if his or her husband and wife is operating an Internet shopping mall business, he or she takes away an article, he or she shall pay 10 million won and 5% of interest on the 13th day of each month, and shall pay the principal on July 13, 2012, and he or she shall pay 10 million won as a loan from the injured party, namely, by receiving delivery from his or her seat as a loan.

2. On February 13, 2012, through E at the same place, the victim concluded that “Isn't have to carry on the Internet shopping mall business, to possess things, the interest amounting to KRW 20 million shall be paid at 13% per month on the 13th day of October, 2012, and the principal shall be repaid at around October 13, 2012,” and the victim received KRW 20 million from the victim, namely, as the borrowed money.