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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Fact misunderstanding: There was no intention to deception or deception.
B. Sentencing: The sentence of the lower judgment (two years of suspended execution in June, and eight hours of community service in 80 hours) is too unreasonable.
2. Determination
A. The lower court also asserted the same as the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion on detailed grounds.
Examining the judgment of the court below closely in comparison with the records, it is just and acceptable (the legal statement of the witnessO of the court below does not interfere with the above recognition). The defendant's assertion is without merit (the victims did not lend the surplus fund to the defendant in the court of the court below, but borrowed the loan to the defendant again with the loan.
The court below stated that the defendant had been notified of the financial situation and repayment plan, etc. (72,87 pages of the trial record), and there is also no reasonable ground to deem that the first instance court's determination was clearly erroneous, or that the argument leading to the finding of facts was considerably unfair due to the violation of logical and empirical rules (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). (b) There are unfavorable grounds for sentencing, such as the following: (a) there was an intentional crime of this case, not planned and conclusive intention; (b) there was an agreement with the victim C, which led to agreement with the victim E and reached an agreement at the court of first instance; and (c) the defendant's family relationship, economic situation, motive and motive of the crime of this case; and (d) there was no changes in the court below's punishment in full view of all other favorable circumstances, including the defendant's family relation, economic situation, motive and motive of the crime of this case.