The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) that the Defendant borrowed money from the victim G was the Defendant borrowed money as operating expenses of the restaurant operated by D, which is the head of the Defendant, and even though it was possible to repay the borrowed money with the operating income of the above restaurant, it was difficult to deem that the Defendant was guilty of the facts charged of this case by mistake of the fact that the Defendant was guilty, despite it was difficult to deem that the Defendant did not repay the borrowed money to the victim due to an economic depression and did not pay the borrowed money to the victim, and that the Defendant

Imprisonment (eight months of imprisonment) imposed by the court below on the defendant is unreasonable.

2. Determination

A. In light of the following circumstances, according to the evidence duly adopted and examined by the court below, the victim G consistently states the defendant's specific deception from the investigative agency to the court below, i.e., the victim G has consistently stated the defendant's specific deception, and it is difficult to find any reason to reject credibility differently in the victim's statement, and in light of the defendant's financial condition at the time when the victim G delivers each money, it appears that the defendant agreed to return the money received from the victim G objectively inappropriate and the defendant appears to have been sufficiently aware of such circumstances, and the defendant seems to have been aware of such circumstances. The defendant was entrusted by the head D with the operation of the restaurant, operated the restaurant on his own account, operated the restaurant on his own account, borrowed money from the victim under the name of operating fund or director fund, the defendant borrowed money from the victim, at the time of borrowing money from the victim, the defendant was unable to open and use the bank account in the name of the defendant with a bad credit standing at the time of borrowing money from the victim.