The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

The Defendant, who was aware of the fact, borrowed money from the victims to “I” with the knowledge that the Defendant had engaged in an activity related to the investment in shares and in the domestic real estate in Korea, and borrowed money again to “I”. However, only after July 201, the Defendant informed the victims that the said money was used as a private gambling but also that it was an individual investment unrelated to future deposits at the time of borrowing money from the victims. As long as the Defendant informed the victims that it was an individual investment irrelevant to the future deposits at the time of borrowing money from the victims.

It shall not be deemed that there was a criminal intent to obtain fraud from the defendant.

Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

Taking into account all the sentencing conditions, including the fact that the defendant is in profoundly against his own wrongness, the sentence imposed by the court below (two years of imprisonment) is too unreasonable.

Judgment

In borrowing money from a person who has made a decision on a mistake of facts, where the other party has failed to comply with the true notice of the purpose of the borrowed money or the method of raising the funds to be repaid, and where money has been received by notifying the other party of the fact contrary to the truth about such purpose or method of raising the funds to be repaid, a

(See Supreme Court Decision 2003Do5382 Decided September 15, 2005, etc.). The following circumstances acknowledged by the evidence duly adopted and examined by the court below, including the prosecutor's protocol of interrogation of the defendant against the defendant, including the defendant, are lost KRW 20,00,00 from the regular casino around 207, which is, the defendant lost approximately KRW 20,00 from the regular casino to gambling; and the defendant was on a private gambling house located in Yongsan-gu Seoul Metropolitan City, Yongsan-gu, by introducing the taxi engineer; ② The defendant used the name "I" in the above private gambling site.