The judgment below

The part of the defendant's case shall be reversed.

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

except that this judgment.

1. Summary of grounds for appeal;

A. Although the Defendant received money from the victim of mistake of facts, this is merely a case where the victim who was in an internal relationship was considered to have been repaid the situation of the Defendant, and there is no fact that the Defendant defrauded the money by deceiving the victim.

B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.

2. In full view of the following circumstances revealed by each evidence duly adopted and investigated by the court below and the court below on the assertion of mistake of facts: (i) the defendant prepared a loan amount, the date of loan, and the repayment plan each time to receive money from the victim; (ii) the defendant himself argued that he paid interest on the above loan; (iii) the defendant led the victim to a criminal act up to the court below; (iv) the defendant was a bad credit holder at the time; and (v) the defendant was not a funeral unlike the borrowed name; and (v) he was using the borrowed money as personal debt repayment and living expenses, etc., it is recognized that the defendant by deceiving the victim as stated in the facts charged, even though he did not have the intent or ability to pay the borrowed money to the victim.

The defendant's assertion of mistake is without merit.

3. Judgment on the assertion of unfair sentencing

A. The instant crime is a case in which the Defendant acquired a large amount of money exceeding KRW 100 million in total from the victim, and in light of the fact that the victim’s bereaved family members wish to punish the Defendant due to not having been paid damages up to now, the Defendant’s responsibility is not weak.

B. On the other hand, the defendant did not receive the previous penalty or sentence, and received monetary support due to the personal relationship with the victim, and acquired the defendant by deceit.