1. The part of the judgment below on the defendant is reversed.

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

2. Of the lower judgment.

1. The summary of the grounds for appeal is that the judgment of the court below which found the Defendant guilty of all the charges even though the Defendant borrowed 1 millionN from the injured party and did not borrow 2 millionN, and there is an error of law by mistake of facts (misunderstanding of facts), and that the judgment of the court below against the Defendant is improper because it is too too too too unreasonable (an unfair sentencing). 2.

A. From the time when a person who suffered damage to the defendant's grounds for appeal filed a complaint against the defendant, he/she consistently lent the defendant a total of three million UN over three times.

The purpose of the statement is to say that, for the purpose of the agreement on the business of bath bath, 2 million UN has been requested to lend one million UN University registration fee to his or her husband and wife.

In fact, the defendant has consistently stated that he was in need of 2 million UN for the bath bath business at the time, and that the defendant prepared a total of 2 million U.N. loan certificate to the victim, and the defendant prepared a false statement as to the reasons for preparing the above loan certificate at the victim's request, or prepared and executed an additional loan of 1 million U.N. later.

Although the defendant asserts, there is no resistance against the loan of one million U.N. to the victim or the loan of one million U.N. unlike the loan certificate, the victim last lent 1 million U.N. to the victim.

In full view of the fact that there is a document of withdrawal against 90,000 UN on the date of assertion, it can be recognized that the defendant obtained a total of three million won from the injured party and acquired it by fraud. Therefore, the defendant's assertion of mistake is without merit.

However, in full view of the following factors: (a) the Defendant was the first offender; (b) the Defendant repaid KRW 10 million to the victim during the trial proceeding; and (c) the Defendant’s age, sexual conduct, environment, family relationship, motive, circumstance, means and consequence of the crime; and (d) the conditions of sentencing indicated in the instant pleadings, such as the circumstances after the crime.