The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal by the defendant and his defense counsel

A. The Defendant, while serving in D Co., Ltd. at the time of borrowing money from the victim, was receiving 4 million won of salary and 3 million won of business promotion expenses during one month, and had the ability to repay, and did not have deceiving the victim as if he was married with the victim, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. In light of the fact that the Defendant’s error of unfair sentencing is against the Defendant and is trying to recover from damage, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

2. Determination

A. The lower court rejected all of its arguments despite the allegation that the Defendant had sufficient ability to repay and had no deceptiond as being married with the victim at the time of each of the crimes in this case. In full view of the following circumstances recognized by the evidence duly adopted and investigated by the lower court, it is deemed justifiable.

At the time of the Defendant’s employment in D Co., Ltd., the Defendant did not submit objective data to the lower court, asserting that he was paid monthly salary as a passbook in the name of G, which is the friendship of F, with a large degree of care, in relation to his bad credit holder, and that he was paid monthly salary (Articles 3, 29, and 30 of the evidence record).

At the time, the defendant was responsible for the debt amounting to KRW 260 million to financial institutions, etc., and the financial status was not good.

The Defendant stated that the title of the instant shares was transferred to H, from the point of bad credit standing to the point of view equivalent to KRW 3 billion. However, H “Defendant” was from 208 to 2008.