An application filed by an applicant for compensation shall be dismissed.

A. (1) The fact that the defendant of mistake of facts borrowed 2 million won from the victim and failed to repay it in time is true, but the defendant did not have the intention of defraudation.

(2) The sentence of an unreasonable sentencing (2 million won of fine) by the lower court is too unreasonable.

B. The gist of the prosecutor’s appeal (not guilty part) is that the defendant cannot be recognized as deception and thus the court below acquitted the defendant. However, in light of the fact that the defendant misrepresented himself as a professor who is taking a lecture at a university, misrepresented his career, and promised to repay the charges in excess of his/her ability to repay debts, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment.

2. Determination:

A. According to the records of the instant case regarding the Defendant’s appeal, even if the Defendant was served with the appellate court on November 18, 2012 after receiving a written notification of the receipt of the trial record from this court on December 12, 2012 after receiving an appeal against the lower judgment on November 18, 2012, the fact that the Defendant did not submit the statement of grounds for appeal (the filing of the statement of grounds for appeal was filed on January 18, 2013) within 20 days from the deadline for submitting the lawful statement of grounds for appeal, and the petition of appeal does not contain the grounds for

Therefore, in accordance with Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, an appeal shall be dismissed by a ruling against the defendant. However, as seen below, inasmuch as a judgment is rendered through pleadings on the appeal against the defendant by the prosecutor, the dismissal of the appeal shall not be separately decided, and the appeal shall be dismissed by a universal judgment. It is so decided as per Disposition

B. The summary of the facts charged and the judgment of the court below regarding the prosecutor’s assertion of mistake of facts are not particularly import, and the defendant is also liable for the joint and several liability amounting to KRW 300 million.