A. In light of the following circumstances, the lower court found the Defendant guilty of the instant facts charged in the absence of the intent to commit a crime by deception or deception, or erred by misapprehending the legal doctrine.

1) Around May 15, 2010, the Defendant was named from K to F around 2011 (Evidence No. 77 of the Evidence Record). Around the time of borrowing KRW 100 million from K to F (Evidence No. 77 of the Evidence Record), there was no fact that the Defendant deceptioned the victim since there was a substantial amount of KRW 100 million that the Defendant would receive after one month.

2) At the time when the Defendant borrowed KRW 100 million from the injured party, the Defendant owned Gangnam-gu Seoul Metropolitan Government G loan 203 (hereinafter “instant loan”).

The market price of the loan is 1.2 billion won, and around that time, the maximum amount of the loan is 348 billion won and the maximum amount of the loan is 5.7 billion won, respectively. However, the defendant's defense counsel asserted on June 5, 2017 that the amount of the secured debt is 6.8 billion won in total (=290 million won) with the defendant's defense counsel on June 5, 2017. However, the new bank and KEB bank that was conducted in the appellate trial was found to have been 6.5 billion won in accordance with the result of the response to the financial transaction information.

In addition, it is worth sufficiently paying KRW 100,000 to the victim.

3) The Defendant asserted that the Defendant’s defense counsel at KRW 47 million, which was the husband before the victimized person, was KRW 50 million on August 13, 2010, and around June 5, 2017, the Defendant’s defense counsel at the Defendant’s defense counsel at KRW 57 million on the grounds of appeal on June 5, 2017. However, according to the Defendant’s deposit transaction statement (Evidence No. 115 of the Evidence Record), it is recognized that KRW 47 million was remitted.

B, from September 201 to July 201, KRW 11 million per month was paid to the victim, KRW 15.2 million per month from August 2011 to February 2013, and KRW 1,5.2 million per month from February 31, 201, KRW 200,000 on December 31, 201, and KRW 15 million on July 3, 201, respectively, and the principal and interest have been continuously paid.

B. Sentencing;