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

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

A. Since some of the amount obtained by deceit of the instant case is used by D or the victim, it should be excluded from the amount obtained by deceit.

However, the lower court erred by misapprehending the fact that the lower court found all of the facts charged of this case guilty, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is just dispute that the defendant did not have the intention of deception, but did not dispute about the amount of cash services paid from the victim or received by the victim's credit card itself, and the defendant is dissatisfied with some of the loan amount (the money deposited into the account in the name of D) or the amount of cash services used. The court below duly adopted and examined evidence in the court below. The following circumstances acknowledged as a whole. ① The defendant stated that he borrowed 18.3 million won in total by receiving the money from the victim with D's father or the defendant's account in the name of J, etc., and that he borrowed 18.3 million won from the victim with the victim's trust and trust that the victim is not D.

If the defendant did not transfer money to the bank account under D's name, the defendant stated that he would not transfer money to the bank account. ② In light of the fact that the defendant did not present objective data to support his claim regarding the amount of cash service used by the victim, the defendant did not present any objective data to support his claim regarding the amount of cash service used by the victim.