A. Since the Defendant, as a male entertainment entertainment loan, received the instant money from the victim for entertainment expenses or money, there is no intention to commit fraud.

Even if the defendant borrowed the instant money, he/she had the intent or ability to repay it.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court to determine the assertion of mistake of facts, the lower court’s determination that the Defendant acquired money by deceiving the victim is justifiable.

Therefore, the defendant's assertion of mistake is without merit.

1) The victim consistently stated that he/she loaned money from the investigative agency to the court of original trial as stated in the criminal facts. D also made a statement in conformity with the victim’s statement in the court of original trial. The victim transferred KRW 500,000,000 to the Defendant’s account on August 30, 2016, KRW 840,000,000 around September 8, 2016, KRW 150,000 around September 15, 2016, KRW 2 million around September 28, 2016, except for KRW 84,000,000,000 from the investigation agency to the court of original trial, and 5,000,000 won from the Defendant’s account as stated in the criminal facts. However, the victim argued that he/she received entertainment expenses or donations from the victim, but 5,000,0000 won from the victim’s criminal complaint, and 5,000,0000 won.