The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

1. The gist of grounds for appeal (defendants: misunderstanding of facts or misapprehension of legal principles, and improper sentencing)

A. In fact, the Defendant, misunderstanding the legal principles, borrowed the instant money to the victim, and issued a promissory note with the intent to repay to the victim a total of KRW 50 million with the intent to pay to the victim, and the victim borrowed and recovered money to the Defendant several times, and the Defendant was paid a full payment of the money. Accordingly, the Defendant borrowed KRW 20 million to the Defendant and filed the instant complaint only on March 12, 2014 for the last three years. In light of these circumstances, the Defendant had the intent to commit the crime of defraudation.

Therefore, the judgment of the court below is erroneous in the misunderstanding of facts or misunderstanding of legal principles as to the criminal intent of defraudation.

B. Sentencing: (a) the fact that the defendant was not able to repay the borrowed money to the victim for a long time is seriously against the fact that the defendant was not able to repay the borrowed money to the victim; (b) the defendant is trying to recover the damage; (c) the defendant has no previous convictions above the suspension of execution; (d) the defendant was assigned to the court below after the police investigation; and (e) the defendant was absent from the court below due to the fact that the prosecutor did not accurately confirm the defendant's telephone number and domicile; (b) the defendant was not escaped from the court below; and (c) the defendant is expected to repay the amount of the borrowed money and live in the future

In light of the fact that the court below's sentence (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

A. The case that does not constitute death penalty or imprisonment with or without prison labor for an indefinite term or for a long term exceeding ten years is subject to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion”).