All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

In light of the fact-finding and legal principles, at the time of borrowing money from the victim on January 20, 201, the Defendant was guilty of the facts charged in the instant case, despite the fact-finding or misapprehension of legal principles, despite the fact that the Defendant’s operation status of the Defendant was not bad, and the interest was normally paid from February 2011 to July of the same year. However, since April 201, the Defendant did not repay the borrowed money due to a reduction of the insurance commission rate anticipated from around April 201, by reducing the insurance commission rate, and the Defendant did not have any intent to acquire the borrowed money, the

The sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of community service, 120 hours) is too unreasonable.

In full view of the following facts: (a) the amount of damage caused by the instant crime was 50 million won; (b) the victim was not recovered from damage; and (c) the Defendant’s denial of the commission of the instant crime; and (d) the sentence imposed by the lower court is too uneasible and unfair.

Judgment

On January 20, 2011, the Defendant borrowed KRW 50 million from the victim to the actual operator of D Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) and paid on the first one-month interest day, but the payment period for interest was delayed for five months thereafter, and the interest was not paid thereafter. ② The Defendant Co., Ltd. was in a hostile status from September 2009 to July 201, and the production of the website for public relations activities for automobile employees, which was manufactured by Hyundai Asia Co., Ltd. and was completed on January 1, 201, and became equivalent to KRW 70 million from January 1, 201 to December 31, 2010.