It is impossible to repay the borrowed money as a result of the impossibility of private financing or operation, and it is not necessary to acquire money from the damaged person.

Nevertheless, the lower court erred by misapprehending the facts.

In addition, the sentence imposed by the court below is too unreasonable.

2. Determination

A. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mistake of facts.

As the court below has properly explained about this, the defendant could recognize that he deceivings the victim without the intention or ability to repay and defrauds the victim with 13 million won.

The defendant's assertion of mistake is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Examining the conditions of sentencing and the reasons for sentencing indicated in the records and changes in the instant case, even if considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair due to the lack of sentencing.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.