A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. In fact, misunderstanding of the legal principles, the Defendant borrowed KRW 50 million from the damaged party with expenses incurred in running a business not under the name of the deposit for sale, and did not make a false statement to the effect that “it may have been repaid under the circumstances in which the person to be sold has already been determined.”

However, the court below found the victim's statement without credibility as evidence and found the defendant guilty, and there is an error of law by misunderstanding facts or misunderstanding legal principles.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the reasoning of the lower judgment and the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts or misapprehension of the legal doctrine, the victim consistently made a false statement as stated in the facts constituting the crime in the lower judgment.

The statement is made by the victim, and there is no circumstance to suspect the credibility of the victim's statement, and the legal statement by the witness G of the court below also conforms to the victim's statement. As such, the defendant acquired 50 million won from the victim by deceiving the victim by making the aforementioned false statement.

full recognition may be accepted.

The Defendant: (a) the Defendant and G only prepared a loan certificate with the maturity of repayment as of February 6, 2015; (b) the victim forged the “written confirmation” containing the same contents as the above false loan certificate by using the above loan certificate; (c) the victim’s statement made in the document above is without credibility.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, that is, the victim stated that the above confirmation document attached to the complaint to the post office was delivered by the defendant after sending 50 million won to the post office together with the defendant, and the victim did not pay money to the defendant, and the victim did not contact with the defendant (the contact is made).