The judgment of the court below is reversed.

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

1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)

A. Fact-misunderstanding and misapprehension of legal principles (2016 order 2869) Defendant borrowed money to Victim G through F, but the money received from F is not KRW 43 million but KRW 34 million.

In addition, the defendant would pay the victim G within the short period of time.

There is no fact, and there was a statement that the money received from the injured party will be invested in T, and that the investment money may be recovered after one month from T, thereby making it possible for the victim to pay the money.

There is no intention to commit deception and fraud against the defendant.

Nevertheless, the court below which found a guilty has erred by misunderstanding the facts and misunderstanding the legal principles.

B. Sentencing (2017 Highest 1857) Sentencing (2017 Highest 2017 Highest 1857) sentenced by the lower court is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. In light of the following circumstances acknowledged by the lower court’s judgment and the first instance court’s duly admitted and investigated evidence as to the assertion that the amount received KRW 34 million is KRW 34 million, the evidence submitted by the prosecutor alone is insufficient to acknowledge the fact that the Defendant was granted KRW 44 million from the victim G. The Defendant’s assertion pointing this out has merit, as there is no other evidence to acknowledge this otherwise.

① The victim G was present at the investigative agency on March 22, 2016, and “Around July 1, 2015, the victim G provided KRW 50 million on the street in front of the convenience store located in the movie-dong, Suwon-gu, Suwon-si, Suwon-si, and the principal was not paid at the same rate as the interest rate, in addition to the amount paid KRW 50 million on August 12, 2015 as the interest rate.

“In the event that an investigative agency was present on May 30, 2016, the statement of “ 50 million won as earlier,” and the actual amount delivered to the Defendant is KRW 44 million.

U received KRW 35 million from U, and KRW 13 million from V and did not enter the money of the victim G.

F 48 million won.