The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) expressed to the effect that the Defendant explicitly withdraws all the remaining arguments except the unfair argument in sentencing on the first trial date at the trial court. However, the Defendant stated to the effect that it would be different in light of the circumstances.

The sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. The fact that the amount of damage exceeds KRW 67 million, and that it did not make efforts to pay damage even if it has been continuously urged for more than two years from the time of borrowing is disadvantageous.

However, there is no history of recognizing and opposing the defendant's crime, and there is no history of criminal punishment so far. The victim needs business funds for the defendant, and the repayment plan is somewhat excessive desire for the defendant without properly confirming the possibility of repayment of the profit and principal of the borrowed money under the name of the invested money, such as what kind of funds are needed. Above all, it is not explicitly agreed with the victim, but most of the victim was reimbursed for 6,9510,00 won in the first instance court, and most of the victims were recovered from most of the damage (the victim remitted the money to the account in the name of the victim known to the defendant) in favorable circumstances, such as the victim's age, sexual behavior, environment, motive and circumstance of the crime, the motive and consequence of the crime, the circumstances after the crime, and the balance with the punishment in the same and similar cases, etc., the court below's punishment is hot.

The decision is judged.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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