The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. The Defendant asserted a mistake of facts at the time of the instant case, along with H, intended to jointly implement the hospital project with the second financial right in order to convert the Plaintiff’s private teaching institute located in the Changwon-si, Changwon-si, Seoul Special Metropolitan City, into the hospital, but failed to implement the hospital project because the loan was not made. However, on March 3, 2006, the Defendant borrowed KRW 20 million from the victim D (hereinafter “victim”) who is the H’s seat because the said money was urgently needed for the operation of the school.

At that time, since the defendant and the victim were in the absence of a common sense, the victim was the guarantor to lend the money in trust of H with H as the guarantor, and the defendant did not deceiving the victim and did not borrow the above money, and there was no intention to defraud the defendant.

After that, since the above hospital business was not carried out, it became bankrupt, and the victim did not contact with him to urge the repayment of the above loan, and H was aware that H, the guarantor, did not pay the above loan.

In addition, the defendant borrowed money from the victim only KRW 20 million, and there is no further loan of KRW 5 million.

Nevertheless, the court below found the defendant guilty of the facts charged in this case, and the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence (six months of imprisonment) imposed by the lower court on the assertion of unfair sentencing is too unreasonable.

2. Ex officio determination

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

B. According to Article 63(1) of the Criminal Procedure Act, where the dwelling, office, or present address of the defendant is unknown, service by public notice may be made, and Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Articles 18 and 19 of the Special Rules Concerning the Promotion, etc. of Legal Proceedings fall under capital punishment, imprisonment for life, or imprisonment with or without prison labor exceeding