A. Defendant (1) In the instant case, the Defendant did not specify the period for repayment of the loan as one week between the victim E (hereinafter “victim”) at the time of the instant case and did not deceiving the victim with regard to his ability to repay.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the grounds for appeal on this part, and the lower court rejected the Defendant’s assertion in detail, stating in its written judgment the Defendant’s assertion and its decision.

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the legal principles as alleged by the Defendant.

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

B. It is advantageous to the fact that the amount of damage caused by the instant crime was not much higher than KRW 10 million, and the Defendant paid KRW 1 million to the victim at the lower court.

On the other hand, the fact that the defendant did not agree with the victim up to the trial of the party, and that the defendant can have been punished for the same kind of crime, is disadvantageous.

In addition, the lower court’s punishment is too heavy or unreasonable, if it comprehensively takes into account the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., including the fact that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment.