The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the list of crimes, has received money from the injured party, the victim was in an internal relationship at the time and voluntarily provided financial support even though he knows that he/she was incapable of performing his/her duties as a bad credit holder.

Therefore, there is no deception or fraud by the defendant, and there is no relation between the defendant's deception and the victim's disposal.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following facts acknowledged by the lower court and the evidence duly admitted and investigated by the trial court as well as each of the following facts and the facts inferred therefrom, it can be recognized that the Defendant deceivings the damaged person as stated in the facts charged, without intent and ability, as stated in the facts charged, and defrauds the damaged person by deceiving him/her totaling KRW 140,90,000 as

1) The victim is consistently entitled to complete payment at an investigative agency and a court of the original instance on the part of the defendant in sing and singing.

While lending money, it borrowed money.

The payment of the time limit shall be made.

Since then, money was given to the household funeral, restaurant, singing room, etc. and the money was loaned.

The defendant lent money to the defendant, and the defendant was able to pay the money.

On the face of the account, the loan certificate was not prepared, and the defendant believed to have been repaid.

When the defendant operates a singing room, he/she shall pay all the money borrowed up to that time.

was made.

The defendant was given a loan to the defendant to receive the loan, and the money was accumulated to receive the loan prior to the loan, and then he was given a loan to him. ① The victim borrowed approximately KRW 140 million to the defendant through mutual aid and Masp loan, which led to the bankruptcy status. It is only about KRW 200,000,000,000 at the time, and it is only about KRW 200,000,000.