A. Although the Defendant did not have a criminal intent to obtain money from the victim C, the lower court found the Defendant guilty of this part of the facts charged, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment that the court below sentenced to the defendant (the first crime in the judgment of the court below: the fine of 5 million won, and the second crime in the judgment of the court below: the fine of 500,000 won) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine were duly adopted and investigated by the court below, i.e., ① the victim C had consistently offered money from the investigative agency to the court of the lower court by soliciting the Defendant to pay 5 additional interest, and the Defendant has not received interest or principal payment from the Defendant. ② The Defendant paid 1 million won including 90,000 won from the victim C in the initial police investigation and paid 100,000 won including 10% interest, and paid 1,80,000 won including 1,000 won from the victim C in the first police investigation and 1,80,000 won, and 4,000 won thereafter did not change the payment.

In the second police investigation, 6,40,000 won, excluding the prior interest and 6,00,000 won among the 7,00,000 won borrowed from the victim C, was received and repaid 2,00,000 won among them.

In other words, in the prosecutorial investigation, 1 million won including interest rate of 10% and 2 million won have been repaid, 4 million won borrowed thereafter and 6 million won have not been repaid, and in addition, 3 million won has been repaid.

The statements on loan and repayment are not consistent, and all financial materials that have paid interest or principal to the victim C are not submitted, and the defendant also borrowed money from the victim C in the prosecutor's investigation.