Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

A. misunderstanding of facts and misapprehension of legal principles were very close to the victim at the time of the instant case.

The victim also borrowed money to the defendant with the loan, which is based on these relations.

The defendant is not guilty of deceiving the purpose or condition of the loan.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant deceivings the victim as stated in the facts of the crime in the judgment below and acquired money by deception.

1) According to the G dialogue between the Defendant and the victim, the fact that the Defendant received money from the victim on or around March 27, 2015 and stated that “to guarantee principal” or “to grant mobile phone expenses” is clearly recognized (see, e.g., 11 of the evidence record). Meanwhile, the time when the Defendant told the Defendant to bear expenses for mobile phones is before 20,000 won is delivered (see, e.g., Articles 11 and 103 of the evidence record) (see, 11). In the process, the Defendant used the loan to “it is possible for the Defendant to pay money to the victim during one’s behavior,” and the victim responded to “the next stage defect” (see, e.g., evidence records). According to the evidence that the Defendant called “the victim immediately after delivery of KRW 20,000,000 to the Defendant,” the victim’s 30,000 won evidence was transferred to the victim (see, e., evidence 2014).g., the victim’s.