A. The defendant does not have any mistake of facts against the victim as stated in the facts charged.

Nevertheless, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is excessively unreasonable.

2. Determination

A. The court below may find out the following facts based on the evidence duly adopted and investigated by the court below's determination of mistake. ① The defendant did not pay KRW 20 million out of the victim's building under the name of lease deposit, etc. for the part of the building of the Music Institute operated by the victim, and filed a complaint against the victim as a crime of fraud. However, the facts of the complaint were not acknowledged. Rather, there were various civil and criminal disputes between the defendant and the victim in the past, such as the defendant's conviction on the ground that the defendant was without the victim, and the judgment became final and conclusive, and the defendant was convicted of the above damages. ② The defendant was found to have been directly found to the above Music Institute operated by the victim in relation to the return of the above lease deposit at the time of the case. According to the consistent statement from the investigative agency to the court of the court below, the victim's face and face were found to have been the victim's face at the time of the instant case, and the victim's photograph and face were stated to the victim's left area immediately after the victim's diagnosis and 2 photograph.