Defendant

The appeal is dismissed.

Summary of Grounds for Appeal

Since the Defendant had a total of KRW 33 million, including monthly, monthly, monthly, retirement, insurance money, etc. at the time of borrowing money from the victims, the Defendant had the ability and intent to fully repay the borrowed money, so there was no intention to acquire it.

The sentence of unfair sentencing (eight months of imprisonment) by the court below is too unreasonable.

Judgment

The lower court acknowledged the assertion of mistake of facts as follows based on the evidence duly adopted and investigated by the lower court, namely, ① the victims’ statement that they would have repaid their principal with interest and interest when they were given a loan to the police, ② the Defendant was working as the FF members and provided goods at a price lower than the delivery price to the customer (Evidence No. 60 of the evidence record), and the other personal debt amounting to KRW 30 million (Evidence No. 61 of the evidence record). ③ The Defendant used the above unit price difference for the purpose of paying personal debt (such as reimbursement of the above unit price difference) or the other personal debt amounting to KRW 30 million (Evidence No. 61 of the evidence record). ④ The Defendant also borrowed money from the police and the prosecutor’s office to the effect that it was necessary and made a false statement to the effect that the Defendant would not have repaid its interest and property within 80 million won (Evidence No. 61 of the evidence record).