The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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, who borrowed money from the victim, was unable to repay the borrowed money to the victim on account of the managerial deterioration of the tourist company that he operated, etc., but at the time of the borrowing, the court of the original instance, which found the Defendant guilty, is erroneous by misapprehending the fact that the court of original instance, thereby finding the Defendant guilty.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, probation, and community service order) is too unreasonable.

2. According to the reasoning of the Defendant’s appeal ex officio prior to the judgment on the grounds of appeal by authority, the records of this case, etc., the Defendant, who was sentenced to a suspended sentence for four months by imprisonment with prison labor at the Jung-gu District Court on June 27, 2013, may be recognized on November 27, 2014, and the above judgment became final and conclusive on November 27, 2014. As such, the crime for which the judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, by taking account of equity in the case where the judgment is concurrently rendered, and after examining whether to reduce or exempt the sentence, the lower judgment cannot be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

3. We examined the judgment of the court below on the assertion of mistake of facts, and the defendant also argued the same as the grounds for appeal in this part. The court below rejected the above assertion and sentenced the defendant guilty on the grounds as stated in the judgment of the court below in the "Decision on the argument of the defendant and the defense counsel". The following circumstances are the same as the reasoning of the court below acknowledged by the evidence duly adopted and investigated by the court below, i.e., the defendant borrowed money from the victim and operated the tourist company.