The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Summary of grounds for appeal;

A. 1) The Defendant did not deceiving victims, such as facts charged, at the time of borrowing money.

2) After borrowing money, the Defendant was merely unable to repay the borrowed money due to the aggravation of economic circumstances after borrowing money, and there was no intention of defraudation.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The prosecutor's ex officio determination (a modification of indictment) filed an application for the modification of indictment with the content that the indictment was modified as stated in the following criminal history, and the judgment of the court below cannot be maintained as the case was approved by the court.

However, despite the above reasons for reversal of authority, the defendant's assertion of mistake is still subject to the judgment of this court.

B. 1) The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the assertion of mistake of facts: (i) the victim C expressed in the court of the lower court that “I talked with his or her wife when receiving the time limit money; and (ii) I borrowed money from the Defendant at the time of the change of funeral in the central market; and (iii) the victim D borrowed money from the Defendant for the first time when I borrowed money from the Defendant.” (iv) the court of the lower court stated that “I would give a high interest if I borrowed money from the Defendant for the first time, I would be urgently needed.”

Since then, in borrowing money, the defendant stated that he or she was able to say that he or she is urgently needed to engage in the business of his or her husband and wife in the central market that he or she is required to provide money to perform clothes in the central market, and ② The defendant also lent money to the investigative agency to the victims when he or she is true and correct that he or she should not lend money to the bonds company.